The modified term can be used in a contract to modify references to laws and other treaties. It appears in different categories of contractual languages. For example: a change can change a price or deadline. It could correct a false statement in the document. This could solve an unforeseen problem. Parts of the contract that are not modified remain in force. Financial documents will also be amended. Publicly traded companies are required to report their results to the Securities and Exchange Commission (SEC) quarterly and annually. This report is available to all shareholders of the Corporation and the public. If a number is incorrect or an important factor is detected, a change to the result report must be submitted.
In the Federal Rules of Civil Procedure, Rule 15 provides for ways of amending a pleading. Article 15 is intended to prevent the parties from being bound by their first wording of a pleading. They may have made a mistake, or they may have received more information, so their original memory may need to be changed. Rule 15(a)(1) allows a party to amend its pleadings for a period of time. Thereafter, it is at the discretion of the court of first instance whether or not to authorize the change, unless the other party consents. Courts consider a variety of factors when deciding whether or not to authorize the change. For these factors, see Beeck v. Aquaslide `N` Dive Corp. See also the amended appeal and the amended brief.
And I also took the opportunity to ask Mike what it was like to be at the forefront of legal blogging, and then I packed it up. His answer: «I didn`t pack it, it just takes longer than usual to write my next post. I expect to reappear in one form or another in one place at some point, but other than that, I can`t give you anything definitive at the moment. And when it comes to the «avant-garde,» I wouldn`t know. Broc Romanek`s blog at The Corporate Counsel single-handedly defined the genre, so I think he`s a pioneering one. The rest of us are just campers. Broc`s blog is Your Corp`s legal blog; next to it, there is only the legal blog Uruk Corp or the legal blog Kish Corp. It is common for authors to pin the amended version after any reference to a law or other contract, the idea being to ensure that at all times, compliance with the law or agreement as it is then in force is measured. Subscribe to America`s largest dictionary and get thousands of additional definitions and advanced search – ad-free! For example, a contract may refer to a term as defined in a law or other contract. If the intention is to freeze the definition as it stands at the time of the Agreement, refer to the law or other agreement «as it is in force at the time of this Agreement». If the intention is to adopt future amendments to the definition, it is preferable to refer to the law or other agreement «as it is in force at a given time». (Simply saying «as amended» does not serve to indicate the time you are referring to.
The statement «as amended from time to time» would not represent a great improvement – from time to time means «from time to time», while each change could be immediately followed by another. And saying «how in fact» makes more sense than «as amended» because at the time in question, a particular law or contract may not have been amended.) But the addition as amended is useless: compliance with a law or contract can only be measured by law or agreement as it is, even without a modified version. A change is a change or addition to the terms of a government contract, law or filing. Such a document may be amended with the consent of the parties concerned. Changes are often used to handle unforeseen events when the original document was created. For example, banking, commercial and tax laws and regulations were drafted long before the existence of the Internet. Many of these laws and regulations needed to be amended to facilitate (and regulate) online payment systems, electronic signatures, online stock market transactions, etc. Thus, when referring in a contract to an element of a law or other contract, make it clear whether you are referring to the law or any other contract in force at the time of the contract you are drafting, or as it is in force at a given time in the future. But if you are referring to compliance with a law or other agreement, do not follow the herd by sticking to the modified version. I did my analysis by Mike O`Sullivan. He agreed that the modified form itself serves no purpose: «This is another manifestation of our fetish for false precision.
The premise – without «as amended», we would refer to the original version of the law – is so absurd that only a lawyer could think of it. The so-called smart design solution – automatically attaching «as modified» to every law name – turns out to be no solution, as you illustrate. Specifically, what struck me was this article on the sentence as amended. This is a subject that I have fortunately avoided for all these many years. It is high time I tackled it. Editing SEC files can be more important than most. The SEC could punish the company for distorting its profits. The altered profits could trigger a sale by shareholders or even lead to a class action lawsuit against the company. The best known example of this process is, of course, the United States.
Constitution that has been amended 27 times since its ratification in 1788.
