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each of which shall be an original but of which, taken together, shall ...

English translation: each copy is deemed an original; it is executed in 3 counterparts or exemplars.

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:each of which shall be an original but of which, taken together, shall ...
Selected answer:each copy is deemed an original; it is executed in 3 counterparts or exemplars.
Entered by: ivo abdman

04:07 Nov 1, 2008
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: each of which shall be an original but of which, taken together, shall ...
Context
This MOU is executed in three (3) copies, each of which shall be an original but of which, taken together, shall constitute one and the same instrument

Would you like to explain me what their meaning, copy but original ? but of which ? is there something missing ?. It is possibly Thailand document

TIA

Regards
Ivo
ivo abdman
Indonesia
Local time: 01:27
each copy is deemed an original; it is executed in 3 counterparts or exemplars.
Explanation:
Even though it says copy it does not exactly mean copy but rather counterpart. We used to draft property settlement agreements in my firm in four original counterparts, that is, we printed four originals, but in some firms the secretary would print the first original and then make 3 copies, each of these would be signed and executed by all parties, so the husband and wife could each have one, the court could have one, and the office (lawyer) could have one. Don't be misled by the use of the word copy. What it means is that four exemplars of the same document are being executed simultaneously, so that each of the fully executed documents is then itself an original.
Selected response from:

Silvia Brandon-Pérez
United States
Local time: 11:27
Grading comment
thanks, and congratulation for the elected president ...
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +2each copy is deemed an original; it is executed in 3 counterparts or exemplars.
Silvia Brandon-Pérez
5"copies" should be "duplicates".
dd dd
Summary of reference entries provided
...but all of which...
cmwilliams (X)

Discussion entries: 6





  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
each copy is deemed an original; it is executed in 3 counterparts or exemplars.


Explanation:
Even though it says copy it does not exactly mean copy but rather counterpart. We used to draft property settlement agreements in my firm in four original counterparts, that is, we printed four originals, but in some firms the secretary would print the first original and then make 3 copies, each of these would be signed and executed by all parties, so the husband and wife could each have one, the court could have one, and the office (lawyer) could have one. Don't be misled by the use of the word copy. What it means is that four exemplars of the same document are being executed simultaneously, so that each of the fully executed documents is then itself an original.

Silvia Brandon-Pérez
United States
Local time: 11:27
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 4
Grading comment
thanks, and congratulation for the elected president ...
Notes to answerer
Asker: make sense, and about "but of which" is it a kind of idiom ? would you explain about that


Peer comments on this answer (and responses from the answerer)
agree  orientalhorizon: yes, the instrument is made in triplicate here.
4 mins
  -> Thank you!
agree  cmwilliams (X): yes, and should read '........but all of which, taken together....'
3 days 4 hrs
  -> Yes, actually, all of which fits this context better, I totally agree, thank you!
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11 hrs   confidence: Answerer confidence 5/5
"copies" should be "duplicates".


Explanation:
1. This MOU is executed in three (3) copies = The MoU is executed by 3 different persons (representing 3 different parties) in 3 duplicates. There 3 persons may live in different places. Each person signs on one duplicate, and then fax it to someone to combine the 3 duplicates together.

2. each of which shall be an original = all 3 duplicates are regarded as originals

3. but of which, taken together, shall constitute one and the same instrument = all 3 duplicates, taken together, shall form one agreement (the MoU).

--------------------------------------------------
Note added at 1 day4 hrs (2008-11-02 08:33:32 GMT)
--------------------------------------------------

We often see an executed contract or agreement, with the main body of the contract together with serveral signature pages, each page signed by one signatory and usually sent by fax or in a pdf format.

--------------------------------------------------
Note added at 1 day4 hrs (2008-11-02 08:47:50 GMT)
--------------------------------------------------

A paragraph drafted by a lawyer in my previous law firm reads like this:

This Agreement and each other Refinancing Document may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.

"Copies" is the wrong word to used here, "duplicates" is the corrent one.

dd dd
Local time: 02:27
Specializes in field
Native speaker of: Native in ChineseChinese, Native in EnglishEnglish
Notes to answerer
Asker: thanks

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Reference comments


5 hrs peer agreement (net): +1
Reference: ...but all of which...

Reference information:
I think there's a word missing and it should read ... but all of which ...

This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which, taken together, shall 5 <PAGE> 6 ...
contracts.corporate.findlaw.com/agreements/sco/canopy.sea.1999.12.30.html

Two or more duplicate originals of this Amendment may be signed by the parties hereto, each of which shall be an original but all of which together shall ...
www.secinfo.com/dASEe.64.d.htm

cmwilliams (X)
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
Note to reference poster
Asker: thanks, the best possibility


Peer comments on this reference comment (and responses from the reference poster)
agree  orientalhorizon
6 hrs
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