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For it is all very well crafting elegant [[disclaimer]]s, [[exclusion]]s, and restrictions on [[liability]], but all of this amounts to a small heap of potatoes if in the intervening period, your [[salespeople]], in their priapic enthusiasm, have promised the known world to their clients, in direct contradiction to your legal figures. Be assured: what your clients will remember will be not the dusty syntactical contortions you buried in a master agreement 15 years ago, but the vibrant — often lurid —assurances your [[salespeople]] made to them over a few glasses of ''Château de Chasselas''<ref>Passable, very passable.</ref> during the interval of a rousing presentation by ''Cirque du Soleil''.<ref>God rest its merry soul.</ref> They will recall these in cinematic detail. The [[verbiage]], on the other hand — when you can find it — will be shot through with ambiguities, caveats and concessions some put-upon negotiator made to avoid dying in a ditch about them and, in any case, will lose in any argument between subsequent conversations and the written record. | For it is all very well crafting elegant [[disclaimer]]s, [[exclusion]]s, and restrictions on [[liability]], but all of this amounts to a small heap of potatoes if in the intervening period, your [[salespeople]], in their priapic enthusiasm, have promised the known world to their clients, in direct contradiction to your legal figures. Be assured: what your clients will remember will be not the dusty syntactical contortions you buried in a master agreement 15 years ago, but the vibrant — often lurid —assurances your [[salespeople]] made to them over a few glasses of ''Château de Chasselas''<ref>Passable, very passable.</ref> during the interval of a rousing presentation by ''Cirque du Soleil''.<ref>God rest its merry soul.</ref> They will recall these in cinematic detail. The [[verbiage]], on the other hand — when you can find it — will be shot through with ambiguities, caveats and concessions some put-upon negotiator made to avoid dying in a ditch about them and, in any case, will lose in any argument between subsequent conversations and the written record. | ||
So here is the thing: you have the ''social organism'' that is a multinational financial services firm that bumps around the market ecosystem like an ineffable, shape-shifting,our-of control dirigible — this is the huge collection of employees, consultants, contractors with whom you interact each day — and you have the convoluted array of electronic books and records that represent that firm in the opinion of its risk controllers and | So here is the thing: you have the ''social organism'' that is a multinational financial services firm that bumps around the market ecosystem like an ineffable, shape-shifting,our-of control dirigible — this is the huge collection of employees, consultants, contractors with whom you interact each day - the ''[[meatware]]'' — and you have the convoluted array of electronic [[books and records]] that ''represent'' that firm in the opinion of its risk controllers, management and the wider market — comprising its client static data, trading systems, executed document repositories, accounts, margin systems and accounting treatments. | ||
These two things are very different, and the risk between them is asymmetrical: Any accommodation granted by the social organisation to the outside world is, to all intents, binding — either through ostensible authority, but more realistically because the [[commercial imperative]] so dictates — ''whether or not that accommodation makes its way into the firm’s [[books and records]]''. But a benefit — an accommodation granted ''to'' the firm ''by'' the outside world — that does not make it into the firm’s books and records — for that one gets no credit, and nor — when the client in question asks [[who’s queen]]? — should anyone expect it. | |||
{{sa}} | {{sa}} | ||
*For some crazy law chat on the historical concept of the [[corporate veil]], see {{casenote|Salomon|Salomon & Co Ltd}} | *For some crazy law chat on the historical concept of the [[corporate veil]], see {{casenote|Salomon|Salomon & Co Ltd}} |