Introduction Link: #_1._Introduction
Clearing House – General Information Link: #_2._Clearing_House
Clearing House Procedure Link: #_3._Clearing_House
Changes in Member Status Link: #_4_Changes_in
This document provides additional information on the RIPE NCC Clearing House and should be read in conjunction with the RIPE NCC Standard Service Agreement Link: http://www.ripe.net/publications/docs/service-agreement . Agreement. The RIPE NCC Standard Service Agreement will be authoritative over this document.
The RIPE NCC is a not-for-profit organisation. Nevertheless, a positive or negative financial result can be achieved in a particular year. The In principle, this would be subject to Corporate Income tax. However, the RIPE NCC has set up an arrangement special arrangements with the Dutch tax authorities that each year the membership decides on how to allocate the surplus or deficit. The surplus or deficit can either to move any surplus or deficit to accumulate in a special reserve or it can be redistributed to the Members. This special “special” reserve. This “special” reserve, known as the Clearing House, gives the RIPE NCC a stable financial position to operate soundly and continuously.
The Clearing House structure was approved by the Dutch tax authorities have set a maximum to this reserve. To avoid any taxation or payout from the Clearing House, the RIPE NCC Board and the RIPE NCC Management aim to stay within this set boundary.The Clearing House procedure was approved by the Dutch tax authorities in 1998 and was has been amended in 2003 and again in 2014. The Clearing House updated in 2011. The Clearing House procedure started with the 1998 financial year.
The RIPE NCC Executive Board reserves reserve the right to make changes, in accordance with Dutch tax law, to this procedure as necessary.
The Clearing House procedure has been developed to comply with the Dutch tax ruling describing how to redistribute an amount from the RIPE NCC Clearing House excess amount to the RIPE NCC Members. A RIPE NCC Member is defined as a natural person or legal entity that receives services from the RIPE NCC and has been invoiced a service fee for the year at issue. The Clearing House may equal a maximum of three times the total amount of RIPE NCC service fees in the relevant financial year as stated in the audited financial report. This income excludes the sign-up fee and any other Service fees or payments made to the RIPE NCC that are not stipulated by the RIPE NCC Standard Service Agreement.
Only Members that have fulfilled their financial obligations towards the RIPE NCC in the relevant financial year can participate in the Clearing House procedure. If, during the year, If during the year the RIPE NCC Standard Service Agreement has been terminated by either party, party no participation in the Clearing House procedure will take place.
Each year at the autumn General Meeting (GM), based on the estimated year end result provided by the RIPE NCC Executive Board and Management, the General Meeting will decide on whether to add or subtract the year's financial result to the Clearing House or to redistribute the year's financial result to the Members.
In addition to the annual decision by the General Meeting, the Executive Board can propose to the General Meeting to redistribute a one-offThe Member's share of the annual decision for an amount to be redistributed from the Clearing House excess amount will be equal to the percentage of its fee contribution to the service fees paid to the RIPE NCC over the relevant financial year. A Member's past 3 years, including the relevant financial year in which the Clearing House exceeded the maximum.A Member's percent share of the total paid fees is calculated by dividing that Member's paid fee by the total of all other Members' paid fees for the
relevant financial year.
If the General Meeting decides on a one-off amount to be redistributed from the Clearing House, the Member's share of the excess amount will be equal to the percentage of its fee contribution to the service fees paid to the RIPE NCC over the past three years, including the relevant financial year. A Member's share of the total paid fees is calculated by dividing that Member's paid fee by the total of all other Members' paid fees for the past three years.
The Member's share of the amount to be redistributedThe Clearing House procedure will take place within 90 days of receipt of the audited financial statements. The settlement for the excess amount will be done with the invoices for the year following the year in which the Clearing House procedure has taken place.
In the
Changes in billing size during the year at issue have no impact on the Clearing House redistribution of the excess amount as the fee paid by the Member determines the amount that will be settled.