Asset Deallocation
- Title
- Asset Deallocation
- DRACC
- 0011
- Category
- Regulatory
- Scope
- Global
- Authors
- Leenaars, M.A.G.J.; Šuklje, M.
- Date
- January 2017
- Copyright
- The Commons Conservancy
- License
- Creative Commons Attribution 4.0 International
Introduction
If a Programme has certain parts of its (intangible) assets which are of interest to (an)other Programme(s), the Programme MAY decide to share these assets in the manner described in DRACC “Asset Sharing” – provided such is in line with its own statutes and regulations, as well as the overall statutes and regulations of [The Commons Conservancy].
Once assets are shared among a set of Programmes, the moral stewardship has become a shared responsibility for all Programmes involved. If after some time part or all of the Shared Assets involved are obsoleted within one of the Programmes, and if that Programme decides that its role in the maintenance of those assets is finally done, it MAY divest of these assets according to the procedure laid out in this document.
Asset Deallocation
Asset Deallocation is defined as the formal process in which a (set of) Programme(s) voluntarily divests itself of all rights to specific assets that are mapped to it inside [The Commons Conservancy] – where mapping is to be interpreted in the sense of DRACC ‘Mapping Rights to Programmes’.
Any (set of) Programme(s) MAY Deallocate any asset it has claims to, unless there are specific provisions in the statutes or regulations of the (set of) Programme(s). An Asset Deallocation SHALL require a formal decision from the Programme. Deallocation becomes effective when the Board of [The Commons Conservancy] implements that decision, which shall happen automatically unless there are binding provisions in the statutes or regulations of (any of) the Programme(s) involved that would invalidate the decision. The Programme SHALL be informed of the changes in the status of an Asset Deallocation.
Asset Deallocation leaves the remaining Programme(s) within [The Commons Conservancy] with which the assets were previously shared with the responsibilities and rights to make any and all decisions regarding all assets involved. After an Asset Deallocation the Programme is relieved of the responsibilities it may have had with regards to the assets, but as a consequence it will also no longer be consulted regarding any future decisions about the assets. Asset Deallocation terminates the direct moral stewardship a Programme holds in regards to the assets involved.
Asset Transferral
If assets are to be transferred directly to a known (set of) Programme(s), a two step process is required:
- Assets are Shared with the (set) of Programme(s), according to the Asset Sharing procedure described in the “Asset Sharing” DRACC. This takes an active, voluntary decision from all the existing ethical (co-)stewards within [The Commons Conservancy].
- The (set of) Programme(s) that wish to transfer their assets, now Deallocate their assets.
Asset Reallocation
If no Programmes remain to which the assets involved are to be allocated to, those assets are (from the moment on which the assets are Deallocated) to be treated as if they were contributed directly to [The Commons Conservancy] – as described in DRACC ‘Mapping Rights to Programmes’.
Reversal
Should a Programme wish to undo an Asset Deallocation, it will need to traverse the opposite route and follow DRACC ‘Asset Sharing’ [DRACC 0006] in order to regain its prior rights. This is a partial reversal, as rights granted while custodianship was in other hands cannot be undone but the rights of the programme that originally divested of its rights can be non-exclusively reinstated. Reversability depends on the voluntary cooperation of one or more of the programmes to which the rights involved have meanwhile been relayed, unless provision for automatic regranting of rights are made in the Sharing Agreement that is part of the process described above.
It is therefore recommended to include an explicit provision for a reinstatement as rights holder when assets are de-allocated, and such provisions SHALL travel along any chain of Sharing Agreements. If no provisions for re-instatement are made, the programme boards of the respective programmes involved are encouraged to seriously consider reasonable requests, given the generosity of the programme that deallocated its assets.