You should attempt to take to position that the records belong to your
organization.  There likely will be other assets transferred to the new
organization - such as staff and equipment.  Plus the new org may end up
leasing your org's space.  Therefore some type of formal agreement will
be required to deal with these matters.  The records transfer should
appear in that agreement.  For your information, here are a couple of
clauses from our draft Recorded Information Management policy.

3.      Transfer of original City records into the possession of private
organizations or individuals is absolutely prohibited except for the
purposes of microfilming, duplication, format conversion, binding,
conservation, or other records management and preservation procedures or
where authorized by by-law, legislation or contractual agreement.

1.      When physical custody of corporate records is transferred to
another institution not covered by this policy, a protocol agreement
must be in place. The agreement must identify the records in question,
define the rights retained by the City and ensure that the records will
be managed in accordance with government legislation, by-laws,
regulations, policies, standards and records schedules.


Jim Purser
Records & Information Officer
City of Kingston, Ontario, Canada
613-546-4291  ext. 1355
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-----Original Message-----
From: Kathy Hamilton [mailto:[log in to unmask]]
Sent: March 13, 2003 12:57 PM
To: [log in to unmask]
Subject: Who Owns the Records?

One of my company's operating divisions is about to move from our
organization to another one.  They are remaining in our building,
exactly where they are now, it's just an issue of reporting to a
different organization.

At the point that they join the new organization, do we keep the records
they created under our organization or will they then belong to the new

I suspect it's a combination of the two, but I could sure use some help
with this one!!


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