Quote:
Originally posted by numbersguy
The quote fromthe regts that you keeprefering to doesnt state that an employee can keep the records, it states that the producer in either his role controling this information or his role as an employee is responsible. Also I believe that the Custodian of Records MUST BE an owner of the company.
If you can show elsewhere where I am wrong, please correct me.
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If you read 75.4 it sounds like you are right, but if you continue to 75.6 then you can see the loophole.
Sec. 75.4 Location of records.
Any producer required by this part to maintain records shall make
such records available at the producer's place of business. Each record shall be maintained for seven years from the date of creation or last amendment or addition. If the producer ceases to carry on the business, the records shall be maintained for five years thereafter. If the producer produces the book, magazine, periodical, film, videotape, computer-generated image, digital image, picture, or other matter (including but not limited to Internet computer site or services) as part of his control of or through his employment with an organization, records shall be made available at the organization's place of business. If the organization is dissolved, the individual who was responsible for maintaining the records on behalf of the organization, as described in Sec. 75.6(b), shall continue to maintain the records
for a period of five years after dissolution.
Sec. 75.6 Statement describing location of books and records.
part 3 secion c:
If the producer is an organization, the statement shall also
contain the name, title, and business address of the individual
employed by such organization who is responsible for maintaining the records required by this part.
So, by the statement of "If the producer is an organization" they seem to be saying that the organization may employ someone strictly to keep the records.
75.4 and 75.6 do seem to be conradictory. But so do many parts of this whole mess as did the original 2257.