Jan 3, 2020 15:21
4 yrs ago
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English term

Incorporate U.S. Public Law

English Law/Patents Law: Contract(s)
What does "incorporate" mean in the formulations like the one below

As applicable, this agreement shall be: Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global & National Commerce Act’’ or such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001).

There are several such phrases one can google.
As applicable, this agreement shall: Incorporate U.S. Public Law 106-229, “Electronic Signatures in Global & National Commerce Act” or such other applicable.
As applicable, this agreement shall be:1-Incorporate U.S. Public Law 106-229, ''Electronic Signatures in global and National .Commerce Act'' or such other .

The construction would indicate that incorporate is an adjective meaning incorporated. If rewritten using the verb "incorporate", the meaning changes somewhat.

Does anyone know what was the intent of the authors of the law or of this legal clause? Thanks.

BTW. The answers found in other language pairs are not adequately supported, IMHO.
Responses
5 +6 Include

Discussion

mike23 Jan 7, 2020:
As applicable, this agreement shall incorporate U.S. public law. 106-229
https://www.google.co.uk/search?source=hp&ei=FW8UXtfVF4bZ-Qa...
Frank Szmulowicz, Ph. D. (asker) Jan 3, 2020:
I just found an authoritative Russian translation
1- Включает Публичный закон США 106-229, ‘‘Электронные подписи в Международном и Национальном законе о торговле’’ или другие законы, соответствующие Типовому закону ЮНСИТРАЛ "Об электронной торговле" и его разделу об электронных подписях (2001),
https://pandia.ru/text/78/489/60220.php

where Включает is include.
Frank Szmulowicz, Ph. D. (asker) Jan 3, 2020:
One also sees documents like these on the web:
EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of this Contract. As applicable, this agreement shall be:
(1)-Incorporate U.S. Public Law 106-229,” Electronic Signatures in Global and National Commerce Act” or such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001) and;
(2)-ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT).
(3)-EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable.
http://www.subcontractsindia.com/sblc-bg5.html

There are also a few "shall incorporate U.S. Public Law" in one line.
philgoddard Jan 3, 2020:
You sound like you're not convinced. The correct version of your first example is "this agreement shall incorporate". The colons and the use of the word "be" in all the examples are incorrect, possibly because someone cut and pasted them wrongly.
Ali Sharifi Jan 3, 2020:
Beginning of sentence I in incorporate is capital because it starts the sentence after colon":"
Frank Szmulowicz, Ph. D. (asker) Jan 3, 2020:
Thank you all who have contributed so far. I am still perplexed by the use of capital "I" in "Incorporate," as if "Incorporate" was a part of the name of the law. I hope to elicit additional discussion.

Responses

+6
12 mins
Selected

Include

106–229, 114 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch. 96) is a United States federal law passed by the U.S. Congress to facilitate the use of electronic records and electronic signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.
Example sentence:

Incorporate is a verb here more like a command meaning to be incorporated in the agreement.

Note from asker:
Thank you, very much, for your answer and your willingness to provide additional explanations. Your answer - translated into Polish - is now a glossary entry in the English-Polish language pair.
Peer comment(s):

agree philgoddard : In Frank's first and third examples, "be:" doesn't make sense and should be ignored.
7 mins
agree Clauwolf
18 mins
agree Tina Vonhof (X) : Agree with Phil.
1 hr
agree Daryo : that makes sense
6 hrs
neutral AllegroTrans : incorporated into the agreement or the agreement is governed by....etc.; I personally woud not use "include" here
8 hrs
What reason do you have for not using?
agree Demet Demirtas
2 days 5 hrs
agree mike23
3 days 20 hrs
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4 KudoZ points awarded for this answer.
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