[Mimedefang] Re: Disclaimers

G.W. Haywood ged at jubileegroup.co.uk
Fri Apr 6 12:45:57 EDT 2007


Hi there,

On Fri, 6 Apr 2007 Kevin A. McGrail wrote:

> ... making things more fun is that the UK rules are supposed to be
> implementing the EU First Company Law Amendment Directive effective Dec 31,
> 2006.  So the question now opens up to, "Does this really apply to every
> business in every member-country of the EU?".  Anyone know?

I think you need to study The Companies Act 2006.  Quoting from

http://www.dti.gov.uk/files/file36201.doc

"The Companies Act 2006, which received Royal Assent on 8 November
2006, will bring major benefits to business by modernising and
simplifying company law."

Or to put it anbother way, quoting from

http://www.burges-salmon.com/publications/content/The_Companies_Act_2006_BRM0122_01_07.pdf

"The Companies Act 2006 ... received Royal Assent on 8 November 2006.
The new Act contains 1,300 sections, 16 schedules, is over 700 pages
long and the index alone runs to just short of 60 pages.  It is the
result of the longest bill ever to pass through Parliament."

:]

AFAICT some of it is about facilitating electronic cuommunications
(making it legal to use email and websites to communicate certain
types of information which until now were legally required to be
communicated by means of paper documents) and also about protecting
the rights of those who don't want to give up their paper documents.

But I don't see anything in there that insists on any disclaimer, or
exactly where on any document particular bits need to be placed.  Of
course I haven't read it all - life's too short.

As a random example, in

http://www.defra.gov.uk/corporate/consult/chemicals-marketing/consultation.pdf.

Defra specifically states that it will not treat confidentiality
clauses added by your IT department as requests to treat the
information contained in the message as confidential.  Well I think
that's what it says - see section 5.3 to form your own opinion if
you're even remotely interested.  I can't imagine why you would be.

Are we there yet?

--

73,
Ged.



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