John,
Here in Alabama our Corporations must have a Registered Agent to receive
notices on behalf of the corporation. Would this be something the
registered agent should be notified of and deal with. I realize that in many cases
the incorporating attorney may be the registered agent but it is also
freqently the incorporator and last know address is in the Secretary of States'
records. Also, if efforts are made to return it to the client and are
unsuccessful, could they not be turned over to the Secretary of State as
unclaimed property?
Just asking.
Trudy M. Phillips
Business Consultant
"Bringing Order Out of Chaos"
205-699-8571 Fax 205-699-3278
_www.trudyphillips.com_ (http://www.trudyphillips.com/)
In a message dated 7/15/2011 4:03:14 P.M. Central Daylight Time,
[log in to unmask] writes:
Here's something to think about regarding those minute books and seals:
they're client property, and you can't dispose of them without client
permission. If the client changes firms, winds up, is bought out, merged or
whatever, which happens with small companies all the time, you may lose track
of them or their successors in interest, which means you might be stuck
with those seals and minute books permanently. I'm aware of cases where law
firms found themselves in this situation, and wanted to rid themselves of
large collections of these items, but couldn't -- ethics rules don't permit
destruction of client property without permission, and losing track of the
client's whereabouts isn't an exception.
So, if you're going to maintain them for the client, make sure you return
them to the client if they change firms or change ownership or wind up.
Best regards,
John
John Montaņa
Montaņa & Associates
29 Parsons Road
Landenberg Pennsylvania 19350
610-255-1588
484-653-8422 mobile
[log in to unmask]
www.montana-associates.com
twitter: @johncmontana
On Jul 15, 2011, at 3:30 PM, Julie J. Colgan wrote:
> Thanks John - it's good to get the corporate perspective too since you
> represent the "client". :)
>
> On Fri, Jul 15, 2011 at 3:06 PM, John Annunziello
> <[log in to unmask]>wrote:
>
>> Hi Julie......
>>
>> Not a legal firm, but we have two sets of minute books.....one stored on
>> site and one offsite. As well, we have scanned them and they are fully
>> text searchable through our ECM system
>>
>> John Annunziello, CRM, ermm
>> Manager, Records and Information
>> Toronto and Region Conservation Authority
>> [log in to unmask]
>>
>> "Information is a corporate, strategic asset that needs to be managed"
>>
>>
>>
>>
>> "Julie J. Colgan" <[log in to unmask]>
>> Sent by: Records Management Program <[log in to unmask]>
>> 07/15/2011 02:43 PM
>> Please respond to
>> Records Management Program <[log in to unmask]>
>>
>>
>> To
>> [log in to unmask]
>> cc
>>
>> Subject
>> Corporate Minute Books
>>
>>
>>
>>
>>
>>
>> Hello List Folk!
>>
>> I'm hoping to get a quick pulse from the law firm list members on how
you
>> are handling the retention of corporate minute books (clients' minute
>> books
>> - including seals if you have them).
>>
>> Are you:
>>
>> 1. Not keeping them - having the client maintain them
>> 2. Keeping them onsite
>> 3. Keeping them offsite
>>
>> I have seen all three in practice but have a feeling that most firms
fall
>> into #2.
>>
>> Thanks in advance for your responses, either on or off list!
>>
>> Julie
>>
>> --
>> Julie J. Colgan, CRM
>>
>> [log in to unmask]
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>>
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>>
>>
>>
>>
>>
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>
>
> --
> Julie J. Colgan, CRM
>
> [log in to unmask]
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