Dear XSF members,

This email is the next step in the ongoing work on a potential EU legal structure for the XSF.

To recap where we are: in December, the Board asked for volunteers to investigate lightweight options for an EU presence [1]. In February, example proposals were shared on the wiki and opened for community feedback [2]. Many members participated in that discussion (thanks!) and five proposals are now documented: https://wiki.xmpp.org/web/XSF_EU_Legal_Transition_Proposal - The proposals cover a range of approaches, from full EU reconstitution to structural simplification, to more lightweight options.

At today's Board meeting, we concluded that the proposals give us a good foundation, but that we are not yet in a position to rank or narrow them reliably. What is missing is a shared evaluation framework: without agreeing on what matters most, any comparison risks being arbitrary.

The Board's proposed next step is therefore to define a set of evaluation criteria first, and then use those as a yardstick to assess the proposals. We would like your input on that list of criteria before the Board finalises it at the next meeting on 21 May.

Below is an initial draft. We are not asking you to evaluate the proposals yet, only to help us refine this list:

• Governance & Member Control - evaluates how decisions are made within the organization, including the roles of members and the board and how voting rights are allocated.
• Legal & Regulatory Complexity - considers the requirements and processes for forming and maintaining the entity under the laws of the chosen jurisdiction, including compliance, reporting, and language obligations.
• IP & Asset Transfer Feasibility - looks at how easily intellectual property, trademarks, and other assets can be transferred to or managed within the proposed structure.
• Transition Cost & Operational Overhead - assesses estimated setup costs, ongoing administrative responsibilities, and any additional operational effort required to implement the structure.
• International Orientation & Reach - considers how well the structure accommodates contributors, members, and operations across multiple countries.
• Continuity & Long-Term Sustainability - evaluates whether the structure can support ongoing operations smoothly during and after any transition, including maintaining organizational stability.
• Financial Flexibility & Funding Options - examines whether the structure allows XSF to manage finances effectively, including holding funds, receiving donations, or engaging in grants or other funding mechanisms.
• Flexibility for Future Changes - assesses whether the structure can adapt to changes in membership, governance, operations, or jurisdictional requirements without requiring a complete reorganization.
• Risk & Liability Management - looks at how the structure addresses legal, financial, and operational risks, including liability exposure for board members, contributors, and the organization itself.
• Alignment with Strategic Goals - evaluates how the proposed structure supports XSF's overall mission, objectives, and long-term strategic direction.

Specifically, we would welcome your thoughts on:

1. Are there important criteria missing from this list?
2. Are any of the listed criteria redundant or not relevant to our situation?
3. Which criteria do you consider most important?

The Board will use the feedback from this thread at the next meeting (21 May) to agree on a final, ordered list of criteria. We will then use that list to structure a more focused evaluation of the proposals.

Please reply to this thread by 19 May if possible, to give the Board time to review input before the meeting.

Thanks in advance for your time and thoughts.

Kind regards,

  Guus

[1] https://mail.jabber.org/hyperkitty/list/members@xmpp.org/thread/UBVF332GN63SOFG2NEQZIMSLCABF6S6A/
[2] https://mail.jabber.org/hyperkitty/list/members@xmpp.org/thread/5OS3L2D4EH6PIVNZ2OLGLCQ2TF5HZGQP/