Policies
Good Standing Policy
Effective: 26 July 2022
In order to enable the financial stability and efficiency of Linux Foundation Europe (“LF Europe”),and in order to ensure consistent treatment of participants of LF Europe (each, a “Participant”),the following rules shall apply:
- All invoiced fee amounts must be paid within seventy-five days of invoice due date in order toremain in good standing and maintain full privileges as a Participant in LF Europe.
- If any invoiced amount remains outstanding sixty days after the invoice due date, LF Europe shall send a notice to the business contact of such Participant as last communicated to LF Europe or any of its projects, by first class or certified mail (“Notice”), that its participation rights, and the voting privileges of its representative(s) in any projects, if any, will be suspended on the later of seventy-five days after invoice due date or fifteen days after the date of such Notice (“Suspension Date”) if such invoice has not been paid in full on or prior to such date.
- If any such invoiced amount remains outstanding on the Suspension Date, or the Participant has not proposed, and LF Europe has not accepted, an agreement resolving the payment failure by such date, the Participant is no longer in good standing, and on such date the voting privileges of the Participant shall automatically be suspended. Additionally, if Participant has used the Linux Foundation reciprocal membership fee waiver option, the Linux Foundation will likewise suspend membership.
- If any such invoiced amount remains outstanding after ninety days of invoice due date, LF Europe shall send a Notice to such Participant that its participation in LF Europe will be terminated on the later of one hundred and five days after the invoice due date or fifteen days
after the date of such Notice (“Termination Date”) if such invoice has not been paid in full prior to or as of such date. - If any such invoiced amount remains outstanding on the Termination Date, or the Participant has not proposed, and LF Europe has not accepted, an agreement resolving the payment failure by such date, the participantship of such Participant shall automatically terminate.
- A Participant that has proposed and been permitted to make payments under an agreement resolving the payment failure as described above may be terminated by LF Europe on fifteen days’ notice if such Participant at any time is more than thirty days overdue in making a
payment under that agreement. - If approved by LF Europe, a Participant terminated for non-payment of invoiced amounts may apply to reinstate its participation. However:"
(a) Its current participation year shall remain unchanged;
(b) Its participation rights shall not commence until it has paid in full all previously invoiced amounts, and additional amounts, if any, invoiced thereafter; and - A terminated Participant shall remain obligated to pay all outstanding amounts whether or not it applies for reinstatement.