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Subject: Re: Records Ownership Question
From: "A.S.E. Fairfax" <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Thu, 29 Nov 2001 17:05:04 -0800
Content-Type:text/plain
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If the papers were produced while the Presidents  were being paid for their
services, you will want to check case law too for ownership judgements--and
of course, the recent Executive order issued by President Bush complicates
matters. In this order he exempted himself from Texas state law and Federal
law which requires the Governor's and Presidential papers to be delivered to
(respectively) state and federal archives or Presidential Libraries. Have
fun with this one!


Island County Records and Information Services
 e-mail to [log in to unmask]

 Thoughts and opinions expressed here are my own.

> ----------
> From:         Anna Truman[SMTP:[log in to unmask]]
> Reply To:     Records Management Program
> Sent:         Thursday, November 29, 2001 2:12 PM
> To:   [log in to unmask]
> Subject:      Re: Records Ownership Question
>
> Thanks.  I've found some material in Skupsky and the Uniform Code which
> will
> be helpful for my colleague - this will help if they want to get further
> into.  It's a private graduate college and the presidents there seem to
> think that THEY own the presidential papers, rather than the college - so
> a
> little ammo is in order.
> ----- Original Message -----
> From: "A.S.E. Fairfax" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, November 29, 2001 3:03 PM
> Subject: Re: Records Ownership Question
>
>
> > Hi Anna--I believe that the records which must be created by and
> maintained
> > by incorporated bodies are embodied in the state regulations on
> > incorporation, often legislated, but may be set out as rules by a
> secretary
> > of state's office as well.  I suppose the requirements for creation and
> > maintenance equates to ownership for the bodies of stockholders or
> parties
> > to the incorporation, with responsibility vested in the board.
> >
> > Following the same logic, creation requirements for records of other
> bodies
> > come from a number of sources (IRS being one of them, and the UCC
> another),
> > and the responsibility is vested in the active parties.
> >
> > So, I would guess that the form the business took would be a factor in
> > determining ownership, and the business regulation in various
> jurisdictions
> > would set the ownership criteria for each type.  If records are
> considered
> > assets of the company, the body owning the assets would presumably own
> the
> > records.   I realize this is not very definitive, but I hope it gives
> you
> > some ideas for places to look for additional info.
> >
> > Good Luck!
> > Elizabeth Fairfax
> > Island County Records and Information Services
> >  e-mail to [log in to unmask]
> >
> >  Thoughts and opinions expressed here are my own.
> >
> > > ----------
> > > From:         Anna Truman[SMTP:[log in to unmask]]
> > > Reply To:     Records Management Program
> > > Sent:         Thursday, November 29, 2001 9:01 AM
> > > To:   [log in to unmask]
> > > Subject:      Records Ownership Question
> > >
> > > Hi all.  This is not my problem, per se, but a reference question I
> got.
> > > I'm at a state funded institution so the state laws on records
> ownership
> > > apply here.  My question is, is there anything on the books that
> anyone
> > > knows of that would apply to a private institution - or, am I correct
> in
> > > assuming that such a regulation would have to come from inside the
> > > institution - it might be understood, but as a rule, it would have to
> come
> > > from some governing board or laid out someplace in a job description
> or
> > > something similar?
> > >
> > > Thanks,
> > >
> > > Anna K. Truman
> > > Records Specialist
> > > University of Cincinnati
> > >
> > > List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> > > Contact [log in to unmask] for assistance
> > >
> >
> > List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> > Contact [log in to unmask] for assistance
> >
>
> List archives at http://lists.ufl.edu/archives/recmgmt-l.html
> Contact [log in to unmask] for assistance
>

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