Thanks Karry... I was going to start this response with "John doesn't know
diddley-squat" but I thought who didn't know me or John would be taken
back by the comment! SO I did anyway! John IS not only great at what he
does - but a great guy to know in the RIM world as well as a great Chili
Judge... I am a big fan of Mister John!
Have a Great Weekend and Safe 4th to All!
Diane Walker, CRM, CMC
[log in to unmask]
On Fri, Jun 28, 2013 at 2:47 PM, Karry M. Jones <[log in to unmask]>wrote:
> I'm not sure how to discriminate between the useful and nonuseful. Some
> mention specific software that you might already know about. I'm sending
> this one along because this guy is also a lawyer and seems to be a person
> that folks deem to be an authority on this list serv.
>
> Karry Jones
> Corporate Librarian
>
>
> -----Original Message-----
> From: Records Management Program [mailto:[log in to unmask]] On
> Behalf Of John Montana
> Sent: Tuesday, June 25, 2013 5:37 PM
> To: [log in to unmask]
> Subject: Re: International Records Retention Research
>
> It's complicated. Depends on the nature of the entities and the
> relationship between them, the nature of the activities, and the
> particular countries and laws in question. Related entities are subject
> to transfer pricing laws in various combinations of jurisdictions,
> countries like the United States tax worldwise, not just U.S.-based
> income, things like hazardous waste are subject to a recordkeeping trail
> wherever you may ship them, etc., etc.
>
> The landscape changes over time as well, as countries try to grab tax
> money from overseas operations (there was just a big flap over Apple
> parking money in an Irish subsidiary, and Congresss is looking for ways
> to get at that money right now), and as they re-define things like
> "doing business" within a jurisdiction. The recent flap over sales
> taxes on internet-based sales is illustrative of that -- states are
> re-defining what constitutes "doing business" in them so they can tax
> entities that have no physical presence at all in them.
>
> And of course, many of these records end up on computer systems
> co-mingled with records from other countries and other related entities,
> and you may not be able to parse them out on a local basis anyway.
>
> The upshot of it all is that for some of your records, a locally-based
> retention schedule works, and for others it doesn't; and which is the
> case depends on a lot of factors that will vary from organization
> > s..."
> >
> > I'd probably be inclined to at least ask the question of whatever legal
> > team is available whether compliance would be required even if there are
> > separate legal entities involved. For example, I know of a company in
> > Scotland which determined that it should comply with Sarbanes-Oxley in
> all
> > of their legal entities, even though the vast majority of them did not
> "do
> > business" in the United States. I guess it's a matter of risk analysis,
> > once you've defined the applicable legislation.
> >
> >
>
> --
> 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
>
>
>
>
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>
--
Diane Walker, CRM
Be Prepared To Be Successful !
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www.linkedin.com/in/dianewalkercrm
281-799-8910
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