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GLOSSARY

acquire definition

Published by a LexisNexis Information Law expert

What does acquire mean?

in relation to genetically modified organisms, includes any method by which such organisms may come to be in a person's possession, other than by their being imported

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Option agreements—acting for the buyer—checklist

Option agreements—acting for the buyer—checklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...

Ireland—Option agreements—acting for the purchaser—checklist

Ireland—Option agreements—acting for the purchaser—checklist Call or put option? In a ‘call’ option the purchaser will have control in that it may call for a transfer of the property. A ‘put’ option gives the vendor control in that it can require the purchaser to take a transfer of the property and therefore the purchaser should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Vendor’s charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: • joins into the agreement (this is rare in practice), or • provides written consent to the granting of the option In either case, the mortgagee should confirm that if the purchaser exercises the option it will acquire the property free from the charge or, if the mortgagee exercises its...

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General Court EUMR appeals—closed cases tracker

General Court EUMR appeals—closed cases tracker The tables below lists completed competition General Court appeal cases relating to the EU Merger Regulation. For ongoing General Court appeal cases see General Court appeals—ongoing cases tracker. For details of appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker. 2025 Case Decision being appealed/issues Developments Case T- 507/24 Kingspan Group v Commission Appeal of the Commission Hearing Officer’s decision in Kingspan/Trimo (Article 14(1)) (M.10962) See Application • Order made—07/04/2025; application dismissed as inadmissible• Lodged—27/09/2024 Case T- 1190/23 Illumina v Commission Appeal of the Commission’s decision in Illumina/GRAIL (gun-jumping, interim measures and restorative measures) (M.10493, M.10483, M.10938 and M.10939) seeking annulment of the decision to adopt restorative measures (divestment and transitional) in M.10939 requiring Illumina to unwind its completed acquisition of GRAIL, following the Commission's decision to prohibit the transactionSee Application • Order made—13/01/2025; no need to adjudicate on the matter• Lodged—22/12/2023 Case T- 591/23 Illumina v Commission Appeal of the Commission decision in...

Issue of redeemable shares

Issue of redeemable shares A limited company having a share capital may issue redeemable shares. Redeemable shares are a statutory concept contained in the Companies Act 2006 (CA 2006), which includes detailed provisions relating to the terms, manner, financing and timing of their redemption. A redemption of shares by a limited company having a share capital will be void unless it is carried out in accordance with CA 2006, Pt 18 (CA 2006, ss 658–737), which sets out the statutory framework within which a limited company is permitted to acquire its own shares. In addition, if such a company purports to redeem shares without complying with CA 2006, Pt 18, an offence is committed by the company and every one of its officers in default. A person guilty of such an offence is liable: • on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), or • on summary conviction in England and Wales, to imprisonment for a term not...

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Spousal and civil partner maintenance—client guide

Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...

EMI Agreement

EMI Agreement This Agreement is made on [insert date of execution of the share option agreement] Parties 1 [insert name of Company whose shares are being granted under option] (registered number [insert registered number of company]) whose registered office is at [insert address of registered office of company](Company) 2 [insert name of Option Holder] of [insert address of option holder] (Option Holder) 3 [[insert name of Grantor (if different from Company) (registered number [insert registered number of company]) whose registered office is at [insert address of registered office of company]] (Grantor)] BACKGROUND (A) [The Company has agreed to grant to the Option Holder an Option to acquire Shares on the terms set out in this Agreement and in accordance with the rules of the [insert name of EMI option plan] (Rules). OR The Company and the Grantor intend that the Option Holder be granted an Option to acquire Shares on the terms set out in this Agreement and in accordance with the rules of the...

Dive into our 243 Precedents related to acquire

I have a client who is UK tax resident but non-domiciled. He holds some dollar bonds in his clean capital accounts. Can I check whether foreign currency bonds are exempt from capital gains tax as qualifying corporate bonds (QCBs)? Can you please confirm the rules in relation to them? Separately, on remittance does any gain on QCBs have to be declared?

I have a client who is UK tax resident but non-domiciled. He holds some dollar bonds in his clean capital accounts. Can I check whether foreign currency bonds are exempt from capital gains tax as qualifying corporate bonds (QCBs)? Can you please confirm the rules in relation to them? Separately, on remittance does any gain on QCBs have to be declared? In this Q&A, we have assumed that the individual is a remittance basis user by way of claim and the bonds are non-UK situs assets for the purposes of capital gains tax (CGT). For CGT purposes, a bond is a qualifying corporate bond (QCB) if it is a security the debt on which represents a normal commercial loan ‘expressed in sterling’ with no conversion into or redemption in another currency (section 117 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)). Bonds that are dollar denominated are unlikely to meet the requirement of being expressed in sterling and therefore will not be a QCB...

When an exclusivity clause in a contract is not clear, is the clause enforceable?

When an exclusivity clause in a contract is not clear, is the clause enforceable? In answering this Q&A, we have assumed that the contract in question is a business to business (B2B) contract. It is crucial that exclusivity provisions are enforceable. Many contractual disputes centre on what the contract means. There is no simple set of rules to follow in respect of how contracts may be construed and interpreted. Much will depend on the individual facts of the case. However, over the years a considerable body of case law (and some statute) has evolved which has set some parameters and guidelines for the approach to be taken. For bargains reached in writing, drafting and language are key and the concept of certainty is key to the issue of enforceability. For a contract to be enforceable it must be certain as to parties, property and price and there must be consideration. The terms of a contract must be sufficiently defined to constitute a binding agreement between the parties....

See the 689 Q&As about acquire

How unfair practice rules boost consumer protections

Law360, London: On 6 April 2024, the consumer protection aspects of the Digital Markets, Competition and Consumers Act 2024(DMCCA 2024) came into force, and brought about the biggest change to the UK's consumer protection regime in over a generation.

Share Incentives weekly highlights—12 June 2025

This week's edition of Share Incentives weekly highlights includes the FCA’s publication of the final rules for the PISCES sandbox to allow trading in private company shares.

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