Existing Registration Allowance, Grandfather Clause

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Glossary of Terms: Grandfather Clause

The popular name given to the guarantee in Corpora that, once registered, a name or piece of armory remains registered unless the owner requests its release, regardless of changes in the Rules for Submissions and standards applied to submissions after that time.

The term Grandfather Clause is also sometimes applied to the provisions that allow a submitter to use elements that they have previously registered in new name or armory submissions, even if those elements are no longer acceptable under the current Rules for Submissions. On a case by case basis, this allowance has been extended to the submitter's immediate legal family. These provisions are stated in Rules for Submissions II.5. and VII.8; a sample letter documenting the right to extend the Grandfather Clause can be found in the Cover Letter for the October 2002 LoAR. [[1]]

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SENA, Personal Names Part 1, Content :

‍g. The Grandfather Clause: In a new personal name submission, an individual may use name phrases already registered to them, even if that name phrase would no longer be allowed under the current rules. Only the exact, actual name phrase from the registered form may be used, not variants, patterns, etc. The use of the grandfather clause does not allow the submitter to evade new style problems (as discussed in [[2]] below). It only allows the submitter to keep style problems that already exist with the registered name. A name phrase from a registered name of an individual may also be registered by a close legal relative (such as parent, spouse, child, sibling, etc.). To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose name is already registered. Documentation under the grandfather clause does not exempt a name or name phrase from conflict, presumption, or offense rules, unless that rules violation is itself grandfathered.

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SENA, Non-Personal Names Part 1, Content :

g. The Grandfather Clause: Name phrases from a name registered to an individual or branch may be used in a new non-personal name submission by that individual or branch, even if the name phrase is no longer registerable under the rules. The use of the grandfather clause does not allow the submitter to evade new style problems (as discussed in NPN.2 below). It only allows the submitter a pass on style problems that already exist with the registered name. Documentation under the grandfather clause does not exempt a name from conflict, presumption, or offense rules, unless that rules violation is itself grandfathered. The element used may be the entire substantive element, the designator, or part of the substantive element. Only the exact, actual name phrase from the registered form may be used, not variants, patterns, etc. with the exception of submissions of branch heraldic titles and order names. A name phrase from a registered name of an individual may also be registered by a close legal relative (such as parent, spouse, child, sibling, etc.). To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose name is already registered. Branches may register new heraldic titles and order names based on patterns used in their existing heraldic titles or order names. To use the grandfather clause, the new submission must be similar in content to the existing pattern. For example, if a branch had registered an order name Crimson Sleeve//, they could use that to modify a new, similar object such as //Crimson Glove//. However, they could not register //Crimson Bowl//, as a bowl is not the same type of object as a sleeve. Likewise, the owner of //Diamond Herald// and //Ruby Herald// could use the grandfather clause to register //Order of the Saphire//. The owner could not register //Order of the Diamond Ring// or //Order of the Gold, because the pattern of registered items is limited to precious stones, not jewelry or precious items in general. Branches may also utilize the grandfather clause to register non-personal names incorporating name phrases from the registered names of individuals closely associated with the branch. This generally means a resident of the branch or an active supporter. The permission of the individual or their heraldic heir is required for this use. Only the whole, exact, actual name phrase from the registered form may be used, not variants or patterns. Under no circumstances will this privilege be extended to use names or to other unregistered names.

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SENA, Armory Part 2, Content :

3. Grandfather Clause: Armorial elements which are registered to an individual may be used in a new submission by that individual, even if they are no longer allowed under the rules. Only the exact, actual elements which are registered may be used, not variants or patterns. The use of the grandfather clause does not allow the submitter to evade new style problems (as discussed in A.1 through A.3). It only allows the submitter to evade style problems that already exist with their registered armory. An armorial element from a registered piece of armory of an individual may also be registered by a close legal relative (such as parent, spouse, child, sibling, etc.). To do this, the submitter must demonstrate the relationship through legal documents or through attestation of relationship from the individual whose armory is already registered. Documentation under the grandfather clause does not exempt a design from conflict, presumption, or offense rules, unless that rules violation is itself grandfathered.

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Letter Documenting Legal Relationship for Grandfather Clause

I, [Legal name], known in the SCA as [Society name], do attest that [Legal name of submitter], known in the SCA as [Society name of submitter], is my legal [father/mother/wife/husband/son/daughter/brother/sister]. I understand that this letter cannot be withdrawn once [Legal name of submitter]'s name or device is registered. [Date] [Signature of [Legal name]] (from the Administrative Handbook, Appendix D - Suggested Standard Form Letters )

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Precedents:

Precedents of the SCA College of Arms - [[3]] Morsulus Heralds Website - [[4]] (to search the LoARs and Precedents) Restatement Wiki - [[5]] (restatements of Precedents) Use the above links to be sure any precedents listed below haven't been superseded by newer precedents.

Collected Name Precedents on the Grandfather Clause: [[6]]

Collected Armory Precedents:

Tenure of Elisabeth de Rossignol (May 2005 - July 2008) - [CLAUSE] The 2nd Tenure of François la Flamme (October 2004 - May 2005) - [CLAUSE] The Tenure of Shauna of Carrick Point (May 2004 - August 2004) - The Tenure of François la Flamme (August 2001 - April 2004) - The Tenure of Elsbeth Anne Roth (June 1999 - July 2001) - The Tenure of Jaelle of Armida (June 1996 - June 1999) - The 2nd Tenure of Da'ud ibn Auda (November 1993 - June 1996) - The Tenure of Bruce Draconarius of Mistholme (June 1992 - October 1993) - The 1st Tenure of Da'ud ibn Auda (June 1990 - June 1992) - The Tenure of Alisoun MacCoul of Elphane (September 1986 - June 1990) - The Tenure of Baldwin of Erebor (August 1984 - August 1986) - The Tenure of Wilhelm von Schlüssel (August 1979 - August 1984) - The Tenure of Karina of the Far West (December 1975 - June 1979) - The Early Days (June 1971 - June 1975) -

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