On Mon, 6 Jul 2009, comex wrote: > On Mon, Jul 6, 2009 at 12:35 PM, Kerim Aydin<ke...@u.washington.edu> wrote: >>> 6402 D 1 3.0 woggle Regulating Act-on-Behalf >> AGAINST. This should allow Private contracts to do so as well (if >> the contract detail is published when the act is performed). >> Otherwise, we'd just make zoop around it with some weirdness like "in >> this private contract, the contractees CAN make a public contract an >> instant before acting on behalf of, to which the contractees pre- >> agree to agree to..." > > I don't think that would work as it would require acting on behalf to > create the public contract.
Not if it's a pre-made "public" contract that doesn't "take effect" until published, e.g. "Clause 5 of this private contract is a public contract that takes effect when..." or actually just "clause 5 is a sub-contract whose Disclosure can be flipped to public just before the action is performed." That aside, it's a more general issue. Let's say I have a detailed private contract with all sorts of economic and political manipulations. One small part of that is an "act on behalf of". When it happens, all the public needs to know is that the clause exists (and that it's not contested between grantor and grantee, which can be accomplished by a self-ratify period). It's possible to use the manipulations above to make those sorts of sub-contracts, but the Rule should be more flexible and just allow the publication of the clause to be sufficient, as it's a natural function of private contracts. This rule just places a bureaucratic burden on something that remains possible anyway. -G.
