I just recently sent out a newsletter on the new, improved, modified and moved Davis Stirling Act laws. There is such a flurry about it – and I think people are acting a bit crazy. Board members and managers are asking if the new law can be writen into the updated and restated documents that are being approved.  That is the subject of the E-newsletter which appears in the E-News Archives at People … take a breath.

The next thing that is happening is that everyone, the industry groups, and attorneys, are scurrying about and trying to beat each other out to put together cross-reference charts pointing the existing act to the new location and statutes. All well and good! Resources are good. But what confusion will reign when managers and board members are trying to work with two fully vetted bodies of law.

Keep in mind that referring to, quoting, or relying on the newly placed statutes is premature! You need to keep referring to the Act located at Civil Code Sections 1350-1378 until late in 2013 when, only for those opinions and documents effective after January 1, 2014, should reference it. There promises to be a lot of confusion over this since the professionals are publishing reports and charts that are not effective for more than a year. Do you think the public will realize this without BIG WARNINGS!

And one other thing. There is sure to be some cleanup legislation in 2013 and so when/if any of the statute numbers change – all those charts and papers that were distributed may be just a little off, and all the practitioners will have to put out NEW charts. Not a major issue (if they do it) but an example of what can happen when people get too excited about something a year before it comes to pass.

Just my two cents worth.


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