Preliminary Review Concerning the OmniTree Group

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Lord Erion
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Preliminary Review Concerning the OmniTree Group

Post by Lord Erion »

On behalf of the Court of the Prince, these are the preliminary findings of the review into the validity of the Decision regarding The OmniTree Group made by Gilles Melang, Councillor of the Exchequer.

With reference to sections 7 and 8 of the Economy and Trade Act:
7. All businesses wishing to trade in or from Riqi Adurellion must register with the Ministry responsible for trade, in accordance with any additional regulations that may be issued by the relevant Minister. The Court of the Prince shall retain those responsibilities in the event that no Minister has been appointed.

8. Companies with liabilities limited by shares may be further regulated by Acts of Senate as required.
and sections 13 and 14 of the Act Regulating Joint-stock Companies
13. The company may only be registered if
a. all shares have been paid by the founder or founders and the share capital corresponds to the share capital stated in the articles of association, and
b. the incorporation has been conducted in accordance with law.

14. If no registration is made, the formation of the company becomes null and void.
any regulations concerning companies other than company registration should be made by the Senate. However, as there is no apparent evidence of the OmniTree Group having being legally registered with this Ministry, it does not legally exist within the Union, and therefore any regulations or other decisions concerning it are, in any case, worthless.

As this preliminary review has no legal status, but is merely advisory, any interested parties requiring a legal opinion or ruling are advised to petition the Court of Justice appropriately.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Tarjei Einhornsson
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Re: Preliminary Review Concerning the OmniTree Group

Post by Tarjei Einhornsson »

OmniTree was registered in Normark under our own Commerce Code and my own Letters Patent as Grand Marshal. The treaty struck between Elwynn and the Nordic Union allowed us to keep our old laws. And since the Charter version currently in use does not specifically list economics and commerce as a power delegated to the Union, OmniTree is governed by the commerce laws of its home territory - Normark.

Relevant thread:
http://www.bastionunion.org/forum/viewt ... 719&t=6611

It is,therefor, and in accordance with both the Charter and the treaty between our people, OmniTree Group AS is under the jurisdiction of the Territory of Normark and its commercial regulations.

Elijah Ayreon
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Re: Preliminary Review Concerning the OmniTree Group

Post by Elijah Ayreon »

I wish to point out that Normark has autonomy on all areas of government except justice, foreign affairs and defence. The company is well under Norse law.

However, as it has existed for a long time already by its mere presence, would not the presence be construed as automatic registration by the Court of the Prince?

Also, if the company does not "legally" exist under Lord Erion's interpretation, it can in no way have monopoly not can any assets from it be expropriated. Its assets would belong merely to the people who have agreed on an informal association (freedom of association is guaranteed) and that agreement's definition allocation of assets.


Uh I give up. This is sick. Completely sick.
Elijah Ayreon-Dariolin of Waffle-Paine (no longer with us)

Ric.

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Lord Erion
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Re: Preliminary Review Concerning the OmniTree Group

Post by Lord Erion »

This is not any way "sick".

What does disturb me, however, is that, while we have a long-established legal system that is there to ajudicate on legal matters, no-one is interested in using it, but prefers to make their own verdicts, even in circumstances where the underlying issues may be more complex and less clear cut than they outwardly appear.

Perhaps we should consider abolishing the Court of Justice and just allowing the first person to question the legality of something to have their opinion to be the official legal ruling instead? It would certainly be a lot quicker at resolving such issues, although not necessarily better.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

Malliki
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Re: Preliminary Review Concerning the OmniTree Group

Post by Malliki »

You have not brought it to court yourself either. Don't fret, legal action is pending.
Malliki Tosha
Acting Xonuti of the Free State of Sanilla
Poluti Poki'i of Sanilla

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Lord Erion
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Re: Preliminary Review Concerning the OmniTree Group

Post by Lord Erion »

Don't worry, I am not fretting at all. I did not bring it to court because I was encouraging you to do so as a complainant, and because I was preparing my advisory review on behalf of the Prince. As trade is not directly part of my remit, I am more than happy to let the relevant parts of this government demonstrate that they can fulfil the functions that they are mandated and expected to do.
His Imperial Highness Erion of Waffel-Paine,
Prince of Natopia, Prince of Arboria, Duke of New Aquitane, and of the Punkrock Isles, Count of Nerklaa, Count of Augustus, Lord am Baat, Baron Mirkdale, Representative in Frenzy for Arboria, Knight of the Order of the Black Hole, Awardee of the Regent's Medal, MNN.

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