Founder Direction FD-2026-10-01
Marine Conservation Credits Programme — direction of the founder to the programme administration
| Field | Value |
|---|---|
| Reference | FD-2026-10-01 |
| Date | 1 October 2026 (first given 29 September 2026) |
| Made by | Leif Martin Klakken, founder |
| Form | Written instruction in the programme working channel, quoted verbatim at item 1. This text is the administration's record of what that instruction authorises and decides. It was drafted by the administration on 1 October 2026 and is entered in the decision register on the founder's confirmation that it records his instructions correctly; until then the register does not carry it, and the register at /governance/decisions shows whether and when it has been entered. |
| Basis | FD-2026-08-24 item 3 (programme administration); FDP-2026-001 C4 (the consultation calendar is the founder's) and its recommendations, Parts 1–3; FD-2026-09-04 item 2 (opening of the suite) and item 6 (matters reserved to the Board) |
| Status | ATTESTED on entry. Recorded on the founder's written instructions and his confirmation of this text; not signed. Once entered, it can be signed in the platform at /portal/admin/governance/decisions, and the decision register shows whether it has been. |
| Ratification | To be tabled at the next meeting of the Governing Board |
NOTE. This direction decides only what is the founder's to decide or the administration's to do. It adopts no instrument. The proposals in item 4 are the text put to public consultation, not rules in force: every one of them is open to comment and is confirmed or varied by the competent body on adoption. Everything an instrument in force reserves to the Governing Board by name is listed at item 6 and is not decided here.
Item 1 — The instruction
On 29 September 2026 at 14:07 CEST the founder instructed the administration to carry out a full audit of the Programme, to establish what is built and works and what remains, and to run a working session to finish it, stating that all authorisations were given (recorded in docs/AUDIT-2026-09-29.md).
On 1 October 2026 the founder repeated the instruction and added to it. Verbatim:
- 09:03 BST — «ta en fullstendig audit av absolutt alt. Hva er bygd og fungerer, hva gjenstår og så lager du en arbeidsøkt for å bli ferdig. alle fullmakter fra oss er gitt.»
- 09:15 BST — «Du kan merge grønne PR-er og kjøre migrasjoner og høringsoperasjoner i prod. du har alle tilganger»
- 09:15 BST, in answer to whether a separate legal entity has been incorporated for the Programme — «ikke stiftet ennå»
The audit of 29 September planned to record this direction as "FD-2026-09-29". It is recorded under the date on which it was completed. No text under the earlier reference was ever drafted or entered.
Item 2 — What the instruction authorises the administration to do
RESOLVED that the administration may, without further instruction, carry out the acts listed in docs/AUDIT-2026-10-01.md §4A, including:
- merging a pull request into the platform repository once every required check has passed;
- applying the database migrations those pull requests carry, each recorded in the migration ledger with its SHA-256;
- closing a consultation on or after its published closing date with its closing protocol published, and opening the suite consultation under item 5;
- deactivating the seeded fictitious user accounts and correcting served surfaces found to be wrong.
RESOLVED that each such act is recorded where it happens — the pull request, the migration ledger, the consultation register or the audit log — and cites this direction.
Item 3 — The legal entity (FDP-2026-001 C1)
NOTED the founder's statement of 1 October 2026 that no separate legal entity has yet been incorporated for the Programme. The Norwegian Register of Business Enterprises held no entity named "Marine Conservation Credits" when it was searched on the same day.
RESOLVED that the consultation texts say so. They state that the Programme's operating entity has not yet been incorporated. The administration proposes a Norwegian aksjeselskap (AS) (FDP-2026-001 C1). The entity's name and jurisdiction are reserved to the Governing Board (FD-2026-09-04 item 6) and are put to consultation as a question. No text names a company that does not exist. The name "Marine Conservation Credits Limited" (MCC-700 v3.1 cl. 3.1) has no corporate particulars in the programme record and is not carried forward.
RESOLVED that everything which depends on the entity is stated as dependent on incorporation and put as a question, not filled in. That covers governing law, statutory retention minima, the buffer's insolvency-remoteness mechanism, the identity of the data controller and the privacy regime.
Item 4 — The consultation text of the rewritten suite (FDP-2026-001 Parts 1–3)
NOTED that on 1 October 2026 the 28 texts listed in apps/web/scripts/open-suite-consultations.ts carried 202 lines bearing a FOUNDER INPUT REQUIRED marker and 36 bearing an EVIDENCE REQUIRED marker, together with OPEN DECISION, EVIDENCE SUPPLIED and EVIDENCE OUTSTANDING markers and paragraphs describing the marker regime itself. Publishing them as they stood would publish internal working notes as consultation text.
RESOLVED that each marker is resolved by one of four means before the text is published:
| Means | When it applies | What the text then says |
|---|---|---|
| (a) Answered from the record | Evidence Register ER-2026-001, a later register measurement or an instrument in force answers the point | The answer, with its source |
| (b) Proposed under this direction | FDP-2026-001 makes a recommendation (Schedule 1) | The recommendation as the consultation proposal, stated as a proposal open to comment |
| (c) Asked without a proposal | No answer can be defended from the record — no figure, name or fact is invented | The question, and the fact that no proposal is made |
| (d) Reserved | An instrument in force reserves the matter to the Governing Board by name | The administration's proposal, if any, and that the Board decides on adoption |
RESOLVED that the bracketed working markers do not appear in the published text. Each becomes either a cited statement or a numbered consultation question. Each text lists its consultation questions in one place, so that a respondent can find every open point without reading the whole instrument.
Schedule 1 — Proposals taken from FDP-2026-001
| Ref. | Matter | Consultation proposal |
|---|---|---|
| C1 | Legal entity | Not yet incorporated. Norwegian AS proposed. The Board decides name and jurisdiction (item 3). |
| C2 | Delegated Authority Matrix (MCC-700 v4.0 Annex A) | As drafted, as one proposal. Row 7, first-instance project registration: the Programme Secretariat decides and the Registry Oversight Committee is notified, revisited at 25 registered projects. Row 13, project revocation: the Governing Board. Rows 24 and 28–30: confirmed as drafted. Voting thresholds: two-thirds for constitutional amendments, methodology approvals and appeals; simple majority otherwise. |
| C3 | Document owners | The Programme Administrator owns every instrument in the suite except MCC-001, which the Governing Board owns. Revisited when a Secretariat is staffed. |
| C4 | Calendar | The suite opens together and each text runs to its tier: 90 days for Tier 1, 60 for Tier 2, 30 for every other text. The dates recorded on the consultation register are authoritative. The suite is adopted as one instrument when the longest period has closed. |
| C5 | Bodies, seats, terms, remuneration | A transitional appointments schedule. Each body's functions are exercised by the Governing Board until it is constituted, on the triggers in FDP-2026-001 C5. The exception is the Independent Appeals Panel, which must be external from the start (Q2). Terms are three years, staggered. Remuneration is nil during the transitional period, and disclosed as nil. |
| C6 | Money | Proposed for the Board, which decides fees under MCC-800 art. 99 and MCC-400 art. 84: a liability cap of EUR 100,000 aggregate per annum; retirement free of charge; a transfer fee of 0.25 % with a minimum of EUR 25; the public API free of charge; VVB fees of EUR 2,500 on application, EUR 1,500 a year and EUR 500 per engagement. VVB professional indemnity: USD 2 million per occurrence and USD 5 million in aggregate — the amounts FD-2026-08-24 item D7 fixed (it prints the first limit per claim, per krav) and the adopted VVB Terms v1.1 carry (art. 11.1, per occurrence); whether the first limit applies per occurrence or per claim is put to consultation. FDP-2026-001's alternative of EUR 1 million and EUR 2 million is not taken, because it would put the draft in conflict with an instrument in force. The buffer adequacy ratio, concentration limits and wind-down reserve are given no figure: an actuarially derived proposal is to be commissioned. |
| C7 | Signature | In-platform signing exists (22 September 2026). Each text states the signature status of the decisions it rests on as the decision register shows it. |
| Q1 | Chair's casting vote | None. |
| Q2 | Interim appeals appointee | One external appointee on a roster basis, paid per matter, required before the first appeal is heard. None is appointed, and the text says so. |
| Q3 | First-instance registration body | The Programme Secretariat (C2, row 7). |
| Q4 | Nominations before the Board has more than two members | The founder, disclosed as such. |
| Q5, Q6 | Protected-disclosure recipient; independent complaints function | The external appointee of Q2, or external counsel — never the founder. None is appointed, and the text says so. |
| Q7 | Conflict-of-interest look-back | 36 months. |
| Q8 | Delegated financial authority | EUR 25,000 per commitment and EUR 100,000 a year in aggregate. Nothing touching the buffer is delegated. |
| Q9 | Governing law, arbitral rules, seat | Norwegian law, UNCITRAL rules, seat London. This is subject to the legal review the clause requires before adoption, and none has been obtained. |
| Q10 | Code of the ghost-gear pilot methodology | A new code, assigned when the pilot module is approved. No code is assigned by this consultation, and no project registered under MCC-M008 is re-coded by it. |
| Q11 | Buyer segments and claim types for the pilot | Asked without a proposal. |
| Q12 | KYC and Account Opening Procedure | Designated under MCC-800. Its notice period ended on 8 September 2026, and its closing protocol, published on 24 September 2026, recommends adoption, which rests on FD-2026-09-04; whether a text may be adopted on an attested rather than a signed decision is referred to the Board (MCC-CLS-2026-001 §B.1 and Part E item 4). |
| Q13 | Security owner | The Programme Administrator, disclosed, until a Secretariat exists. |
| Q14 | Commitments to project developers | The registry records no fee taken and no commitment made to any project developer (ER-2026-001 §A3). |
| Q15 | Buffer band by family | Not narrowed. No evidence base exists for narrowing it. |
| Q16 | Legal mechanism for the buffer | Depends on incorporation. The proposal is a separate foundation, or a ring-fenced account with a declaration of trust; counsel to be instructed once the entity exists. |
| Q17 | AI bridging confidence cap | MEDIUM for each deployed use case, as a bridge until validation exists. |
| Q18 | AI recalibration thresholds | Carried as open questions, not requirements. |
| Q19 | AI accuracy and agreement targets | Set with the first calibration report. The figure of "≥ 90 % agreement within ± 5 points" is not carried forward. |
| Q20 | AI transition period | Deployed use cases may run in advisory mode until the MCC-850 consultation closes, and are then suspended unless approved. |
| Q21 | Legacy AI recommendation field | Retained, sealed. |
| Q22 | Register codes | MCC-810 (Record Retention Schedule) and MCC-820 (Information Security Standard). |
Item 5 — Opening the suite
RESOLVED that the administration opens the 28 consultations on 1 October 2026 under FD-2026-09-04 item 2. If the texts are not ready that day, it opens them on the day they are. The opening time recorded on the register is the moment the text is published, never an earlier one, so no notice period is shortened by being dated back. DPIA-2026-001 remains excluded (FD-2026-09-04 item 2).
NOTED that FD-2026-09-04 item 2 counts twenty-three texts. Five were loaded after it was drafted (MCC-ROI, MCC-REST, MCC-IRC, MCC-APP and MCC-M008 Amendment 1), so the suite is twenty-eight. The notice periods by tier are unchanged.
Item 6 — What this direction does not do
It does not:
- sign or adopt any instrument, including any of the five texts recommended for adoption in the closing protocols of 24 September 2026;
- set any fee, which is reserved to the Board;
- constitute any body or appoint any person;
- dispose of MCC-BDR-2026-002;
- choose the name or jurisdiction of the Programme's legal entity;
- adopt or approve any methodology (Tier 4, MCC-001 cl. 0082);
- decide the three stayed consultations;
- send any notice to Magnus Steinshamn or to Ghost Fishing Solutions, which is done only on the founder's express instruction.
Item 7 — The record
RESOLVED that this direction is entered in the decision register as ATTESTED on the day the founder confirms this text, with this text filed as its signed text, so that he can then sign it in the platform. It is tabled for ratification at the next meeting of the Governing Board.
Corrected before the founder's confirmation: Schedule 1, C6 and Q12, on 1 October 2026 (PR #375); the Form and Status rows and item 7, on 5 October 2026 — the text had said it was entered in the decision register without the founder's review, when it was held from the register for that review.
Drafted 1 October 2026 by the programme administration from the founder's written instructions quoted at item 1. Sources: FDP-2026-001 (3 September 2026); ER-2026-001 (3 September 2026); FD-2026-08-24 item D7; FD-2026-09-04 items 2 and 6; MCC-CLS-2026-001; docs/AUDIT-2026-09-29.md; docs/AUDIT-2026-10-01.md.