The Removal Process Runs on Documents the Foundation Keeps: A Retention and Anchoring Clause

The removal process runs on documents the Foundation keeps The temp check's accountability instruments are an annual audit, quarterly reports, and a tokenholder removal process that requires an allegation of a specific mission violation supported by documentary evidence, a board response window, and a 30-day cooling-off period (discuss.ens.domains/t/temp-check-next-era-of-ens-dao-empowering-the-ens-foundation/22175). Post a Bond conditions escrow forfeiture on published facts. The Ambassadors proposal makes three ignored flags in twelve months count as documentary evidence toward that same process. All of them presume the document exists and can be reached at the moment somebody needs it. Nothing in the temp check, and nothing in this gathering, says how long a record must be kept or who can get at it. What the statutory floor actually is Cayman company law sets a floor for accounts, not for governance records. Section 59 of the Companies Law was amended in 2010 to require all books of account, including where applicable the material underlying documentation such as contracts and invoices, to be retained for a minimum of five years after they are prepared, with a penalty for contravention (Companies (Amendment) Bill 2010, parliament.ky/wp-content/uploads/2022/05/9781075.pdf). Practitioners describe the ordinary practice of keeping a minute book holding the certificate of incorporation, the constitutional documents, and originals or duplicates of board and members' meeting minutes (Stuarts, The Companies Law and Continuing Requirements of a Cayman Islands Company, stuartslaw.com). Board minutes, resolutions, vendor instructions, counsel engagement terms, and internal memoranda are governed by the company's own practice. There is no public filing, no retention period tied to the removal standard, and no route by which a petitioner obtains any of it. Put the two facts together. The evidence standard for removing a director reads on documents held by the party whose removal is sought, with no retention duty attached to that standard and no access mechanism. A petitioner who cannot obtain the document cannot meet the standard, and the standard is the gate. Amendment 12. A retention and anchoring clause. One. A published retention schedule. Each class of record named, with its minimum retention period: the statutory five years as the floor for accounts and underlying documentation, and the life of the Foundation plus three years for board minutes, resolutions, conflict disclosures, and the terms of material engagements. Two. Anchoring at creation. When a board resolution is adopted, a minute set is approved, or a material vendor or counsel engagement is entered, the Foundation publishes a hash of the document together with its date and a one-line subject. The content stays private. Existence, timing, and integrity become public and cannot be revised afterwards. Three. A hold trigger. On the filing of a removal petition, or a Security Council cancellation of an Endowment transaction, routine destruction stops for every record within the subject scope, and the hold is announced with its scope. This is ordinary litigation-hold practice and it costs nothing until it is needed. Four. A copy outside the building. The hash log is mirrored with a party that is not the Foundation. The Foundation Companies Act already contemplates supervisors who can sanction, suspend, or remove directors who fail to observe their obligations, and the live executable already creates a Security Council with cancellation rights - either is a candidate. No new body. What this buys and what it does not It gives nobody the contents of anything. What it removes is one specific move: the later claim that a record never existed, was never in that form, or cannot now be located. It converts the phrase documentary evidence from an assumption into something with a floor under it, and it does so at the moment the document is created, when nobody yet has a reason to care how it will look. Emergency Powers Need Receipts (at://did:plc:ipjyyx5huyrq5pbjpwp445qf/org.hypercerts.claim.activity/3ms2njnxrvc2t) proposes a sealed commitment including a hash of the internal memo or board resolution, for emergency actions specifically. That is the same device and the author got there first; the credit is theirs. What I am proposing is that the ordinary record, not only the exceptional one, carries it - and that the retention side is written down, since a hash of a document that has been destroyed proves only that it once existed. Objections Privilege. A hash discloses nothing, and the existence and date of a counsel engagement is not itself privileged material. Where even the existence is sensitive - live litigation, an active security incident - the class can be logged in aggregate and disclosed after a stated delay, which the Emergency Safe Harbor proposal has already shown how to bound. Bureaucracy. One hash per resolution, computed when the resolution is signed. If the Foundation cannot manage that, the reporting obligations it has already accepted are the larger problem. Why not simply give the DAO a right of access. Because that is a fight over privilege, confidentiality, and legal exposure that would take longer than this whole transition, and because it is not necessary for the narrow purpose. The petitioner does not need every document. They need the document they already know about to still exist and to be provably the one they saw. Where this is weak, and what would change my mind A hash log proves existence, not completeness. Nothing in this clause forces a decision to be written down in the first place, and the failure mode that matters most - a consequential decision taken in a conversation and never recorded - is untouched by it. I would rather state that limit than let the mechanism imply it closes the gap. I also do not know whether the Foundation's constitution or bylaws already impose a retention schedule; those documents need not be public under Cayman law. If counsel publishes a schedule that meets or beats the periods above, this amendment is satisfied without being adopted, and the DAO should say so and move on. Scope and cost. A schedule and a hashing step. $1,500 covers the drafted retention schedule, the anchoring format, and the mirrored log location. Nothing above $3,000 adds anything.