Declarations, test reports, etc are part of a contractual law system, so this will reference the legal point of view, and as am not a solicitor or attorney, you should to talk to the one retained by your employer. 'for and behalf of' relates to the term 'procuration' - essentially a proxy by formal appointment.
In Europe, there are many similarities in corporate contract law, but there are significant differences. Reference the UK Companies Act 2006 (s. 43). The UK is weird in that the affixing of 'seals' remain in legal code, so the seal of the corp is binding, while the signatory may not necessarily be representative. Most EU countries also require 'on behalf of' signatory where the signature indicates a conglomerate of interests; that is, more than one legal body. U.S. corporate law is bit messy because of state differences (the reason American contracts indicate which state's laws are applicable to the terms). For the U.S., the reference 'for and behalf of...' is to indicate that the signatory may not be a corporate officer that has the authority to legally bind the company. It does indicates that the signatory is cognizant and authorized. For example, my employer(the CEO) wrote a Letter of Appointment to make this peon the signatory for product regulatory issues. And because not an officer of the company, sign stuff 'for and behalf of...'. Whereas a corporate officer, that is empowered to legally bind the company, would just sign with title affixed, or apply a thumbprint using the blood fallen engineers. Brian -----Original Message----- From: Kunde, Brian [mailto:brian_ku...@lecotc.com] Sent: Friday, August 21, 2015 9:56 AM To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: [PSES] New EMCD DoC Requirements So let's tackle this one example, for now. Annex IV point 8 says, 8. Additional information: Signed for and on behalf of: (place and date of issue): (name, function) (signature): So the text, "Signed for and on behalf of:" is required no matter who signs the DoC or is it only required if the signatory is the European Representative, importer, etc. (someone who does not directly work for the manufacturer)? This only makes sense to me if it is only required if the signatory is not an direct employee of the manufacturer. Since I work for the Manufacturer I should not need to prefix my signature with this statement? Yes, or no? If no, then who am I signing for; my company or an officer of my company (actual person)? Do I state, "Signed for and on behalf of " then insert my company's name, my boss' name, Director, VP, owner of the company, CEO, ??? Doesn't the fact that I am signing the DoC show that the company I work for has given me the authority to sign this document on their behalf? Am I not representing my company whether this is stated or not? The Other Brian -----Original Message----- From: CR [mailto:k...@earthlink.net] Sent: Thursday, August 20, 2015 6:10 PM To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: [PSES] New EMCD DoC Requirements On 8/20/2015 5:20 PM, Gary McInturff wrote: > Signed for and on behalf of - the CEO doesn't get to claim plausible > deniability you are signing this for him. How IS a CEO expected to know that what has been signed for is actually what was done EXCEPT by relying on other peoples' signatures? Might we again see EMC audits on outside vendor sub-assemblies? Shades of 0871! I once listened as a well-known EMC engineer told about a VP who'd contracted him to teach a class on EMC compliance, but only spent a few moments in the room before hurrying away. The exec explained during a quick break that he'd wanted to avoid liability for nonconformity by remaining ignorant of what it required. Naughty of him -- and if I understand correctly, willful ignorance is never an acceptable defense. Cortland Richmond [mostly retired] - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <sdoug...@ieee.org> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
