Re: OT Document archiving...continued

["Mark Harrison \(Yahoo!\)" <mph@xxxxxxx>]

Two things I'd add.

1: If you keep the originals, then the scanned copies may not be
admissible.

This is because of something called "best evidence", which, as
far as I can
make out, says that if you keep multiple copies of a piece of evidence,
then
you have to produce the one that is most "true".

2: The people in my life who regularly demand large numbers of bits of
paper
are finance companies. They tend to want either originals or certified
copies (which is to say copies plus a signature from a broker to say
they've
seen the originals.)

So, if you're intending to remortgage or buy to let, keep a couple of years
worth of statements. Most companies only want 3-6 months worth, but you get
the odd one who wants as much as two years, and if they happen to be the
one
with the best rate....

M.

----- Original Message -----
From: "Ian Lowe" <ian@xxxxxxx;
To: <ukha_d@xxxxxxx;
Sent: Saturday, January 31, 2004 12:58 AM
Subject: RE: [ukha_d] OT Document archiving...continued


> -----Original Message-----
> >Do any of you "legal" types know what the
"law" is for scanning
> documents?
>
> Not a lawyer myself, but I sought legal opinion for my own company
with
> regards to scanned versions...
>
> And the situation is basically that there is no clear law stating what
> is, or is not, an acceptable storage mechanism for the documents.
>
> It comes down to what it's used for. Customs & Excise, Inland
Revenue
> and Companies House (the only three groups who really have a legal
right
> to insist that you maintain paper records) all take the view that as
> long as you can make a paper version available to their staff when
> required on demand, you are free to store the documents
electronically:
>
> You still have a duty of care, however, and storing documents in
> electronic format without a backup, such that you conveniently
"lose"
> some receipts would be viewed in exactly the same light as losing the
> paper copies...
>
> My lawyer's advice was to retain paper copies of any larger contracts,
> simply because you may get a judge on the day who is a bit of a
> technophobe and suffer for it, but that for 99.9% of normal use,
> electronic copies were perfectly acceptable.
>
>
> AIUI, this isn't actually a new question, as these same legal
questions
> were already asked about microfiche, and scanned docs are to all
intents
> and purposes just a digital microfiche of the page.
>
> HTH
>
> Ian.
>
>
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