[cabfpub] Ballot 126 - Operational Existence

Fri Jul 11 16:49:39 UTC 2014

Thanks, Mads, for bringing this issue up sooner rather than later.

The sponsor and endorsers should all come to an agreement on what they think
(4) should say and then respond to the list with an amendment, if needed.
If we can make any resulting ballot modification before next Tuesday, then I
don't think we should be required to restart the review period or postpone
voting, but that's just my opinion.

From: public-bounces at cabforum.org [mailto:public-bounces at cabforum.org] On
Behalf Of Mads Egil Henriksveen
Sent: Friday, July 11, 2014 9:02 AM
To: Ben Wilson; public at cabforum.org
Subject: Re: [cabfpub] Ballot 126 - Operational Existence

Hi

Is it correct that subsection(4) shall refer to 'the Applicant' only, while
the other subsections refers to 'the Applicant, Affiliate, Parent Company,
or Subsidiary Company' or should the latter be used also for subsection (4)?

Regards

Mads

From: public-bounces at cabforum.org [mailto:public-bounces at cabforum.org] On
Behalf Of Ben Wilson
Sent: 11. juli 2014 05:45
To: public at cabforum.org
Subject: [cabfpub] Ballot 126 - Operational Existence

Jeremy Rowley of Digicert made the following motion and Cecilia Kam of
Symantec and Doug Beattie of GlobalSign have endorsed it: 

Reason(s) for Ballot 126: Problem(s) with Current Wording

A - Section 11.5 is unclear, as evidenced by the need to restate that
requirement with an additional sentence

B - Section 11.5 begins with the word "If" - making it appear conditional
rather than mandatory 

C - Section 11.5 does not follow the framework used elsewhere in Section 11
of the EV Guidelines.   The framework is: (1) state the requirement and (2)
state the acceptable methods of meeting that requirement. 

D - Section 11.5 could be edited to help clarify the relationship between
"ability to engage in business" and "operational existence" for purposes of
the EV Guidelines

Approach Used in Ballot 126 to Address the Problem

Language is removed from the requirements section (section 11.5.1) and
placed in the acceptable methods section (section 11.5.2) so that section
11.5.1 simply says, "The CA MUST verify that the Applicant has the ability
to engage in business by verifying the Applicant's, or
Affiliate/Parent/Subsidiary Company's, operational existence."  

Section 11.5.2 would begin, "To verify the Applicant's ability to engage in
business, the CA MUST verify the operational existence of the Applicant, or
its Affiliate/Parent/Subsidiary Company, by: .."  The current introduction
to section 11.5.2 only refers to "operational existence" and not "an ability
to engage in business".  An "ability to engage in business" is added to
section 11.5.2 to keep it congruent with section 11.5.1.

Section 11.5.2:

(1) Three-year existence in subsection 11.5.2(1) comes from moving it down
from section 11.5.1.

(2) QIIS/QTIS listing in subsection 11.5.2(2) also comes down from section
11.5.1.   

Subsection (3) consists of wording changes to maintain parallelism
throughout sections 11.5.1 and 11.5.2.

The word "or" between subsections (3) and (4) does not make section 11.5.2
any different substantively from how sections 11.5.1 and 11.5.2 currently
exist.

Subsection (4) is essentially the same.

Additional Support for Approach Taken / Words Used in Ballot 126

Section 11.5 is meant to address operational existence.  In drafting the
original language, members of the Forum knew that it would be too hard to
presumptively establish that an organization was "actually doing business,"
but there was a desire to retain a requirement and method  to establish that
an organization had more than just a legal existence and physical address,
and they settled on the concept of "an ability to do business".  

----Motion Begins ----

1.   DELETE Section 11.5.1 (Verification Requirements) of the EV Guidelines
and INSERT the following:

11.5.1. Verification Requirements

The CA MUST verify that the Applicant has the ability to engage in business
by verifying the Applicant's, or Affiliate/Parent/Subsidiary Company's,
operational existence.

2.  DELETE Section 11.5.2 (Verification Requirements) of the EV Guidelines
and INSERT the following:

11.5.2. Acceptable Methods of Verification

To verify the Applicant's ability to engage in business, the CA MUST verify
the operational existence of the Applicant, or its
Affiliate/Parent/Subsidiary Company, by:

(1) Verifying that the Applicant, Affiliate, Parent Company, or Subsidiary
Company has been in existence for at least three years, as indicated by the
records of an Incorporating Agency or Registration Agency;

(2) Verifying that the Applicant, Affiliate, Parent Company, or Subsidiary
Company is listed in either a current QIIS or QTIS;

(3) Verifying that the Applicant, Affiliate, Parent Company, or Subsidiary
Company has an active current Demand Deposit Account with a Regulated
Financial Institution by receiving authenticated documentation of the
Applicant's, Affiliate's, Parent Company's, or Subsidiary Company's Demand
Deposit Account directly from a Regulated Financial Institution; or

(4) Relying on a Verified Legal Opinion or a Verified Accountant Letter to
the effect that the Applicant has an active current Demand Deposit Account
with a Regulated Financial Institution.

----Motion Ends ----

The review period for this ballot shall commence at 2200 UTC on Thursday,
July 10, 2014, and will close at 2200 UTC on Thursday, July 17, 2014. 

Unless the motion is withdrawn during the review period, the voting period
will start immediately thereafter and will close at 2200 UTC on Thursday,
July 24, 2014. Votes must be cast by posting an on-list reply to this
thread. 

A vote in favor of the motion must indicate a clear 'yes' in the response. 

A vote against must indicate a clear 'no' in the response. 

A vote to abstain must indicate a clear 'abstain' in the response. Unclear
responses will not be counted. 

The latest vote received from any representative of a voting member before
the close of the voting period will be counted. 

Voting members are listed here:  <https://cabforum.org/members/>
https://cabforum.org/members/ 

In order for the motion to be adopted, two thirds or more of the votes cast
by members in the CA category and more than one half of the votes cast by
members in the browser category must be in favor. Quorum is currently seven
(7) members- at least seven members must participate in the ballot, either
by voting in favor, voting against, or by abstaining for the vote to be
valid.

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