Attorney definition

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Remote execution of documents resources—checklist

Remote execution of documents resources—checklist Remote execution of documents has become increasingly popular. This Checklist of resources sets out some of the considerations for remote execution of documents when parties are not able to meet in person. Key commercial resources We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including information relating to remote execution. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. This Checklist considers remote execution from a general commercial perspective only and assumes that the agreements are subject to English law. For general information and guidance relating to execution, see: Execution—overview. For more specific guidance on execution requirements in other Practice Areas please check that Practice Area’s content. The Law Society has also brought together a variety of established guidance on execution of documents by virtual means, execution of documents using electronic signatures, its ‘Tips on how to operate in...

Seller's SPA drafting guide (unconditional completion)—checklist

Seller's SPA drafting guide (unconditional completion)—checklist This Checklist serves as a guide of certain key matters for the seller’s solicitors to consider when drafting, or commenting on, a share purchase agreement (also known as SPA or share sale agreement) recording the sale and purchase of the entire issued share capital of a private limited company, where the transaction involves simultaneous exchange and completion. Parties The drafter should: • check to see if the legal and beneficial title to the sale shares is split, ie check to see if the seller's sale shares are held in the name of a nominee, requiring the beneficial owner to: ◦ be named as the seller in the SPA instead of the registered holder, and ◦ procure the sale of the sale shares to the buyer • check to see if the transaction involves any parties connected with company directors, which may constitute substantial property transactions requiring certain approvals (see Practice Note: Substantial property transactions—requirement to obtain members’ approval) • resist proposals to include in...

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Flowcharts—Private Client

Flowcharts—Private Client Grant of probate/administration—flowchart Drafting a Will—flowchart Renunciation—flowchart Administrator (entitlement to grant)—flowchart Entitlement on intestacy—flowchart Shariah inheritance—flowchart Intestacy in Scotland (no spouse)—flowchart Intestacy in Scotland (surviving spouse)—flowchart Inheritance (Provision for Family and Dependants) Act 1975 applicant—flowchart Inheritance (Provision for Family and Dependants) Act 1975 procedure—flowchart Lasting power of attorney—flowchart Does the GAAR

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Execution formalities—under a power of attorney

This Practice Note provides practical guidance on the proper execution of simple contracts and deeds by third party individuals or corporations (primarily companies incorporated under the Companies Act 2006 (CA 2006)), acting under a power of attorney. It considers who can grant a power of attorney, who can act as an attorney and execution formalities when executing simple contracts or deeds under a power of attorney.This Practice Note does not cover the execution of powers of attorney themselves. For details, see Precedent: Power of attorney for commercial transactions.This Practice Note does not cover the execution of documents by other authorised signatories of organisations. For more details, see Practice Note: Executing documents—deeds and simple contracts.We have produced a toolkit that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution toolkit.Quick viewThis table provides a quick overview of the various entity types which are capable of...

Nature and types of agency

This Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the principal and the agent including the ways in which an agent is appointed to act on behalf of a principal, the different types of agency appointments and the authority that an agent has to act on behalf of a principal.Nature of agencyAgency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In business, such purposes are commonly the introduction or conclusion of contracts between the principal and customers or other third parties. The term ‘agent’ is sometimes used loosely in business and may refer to those, eg distributors, whose activities are similar to those of agents but who are not agents in law.In commercial matters, the parties will normally have a written agreement that sets out:•the scope of the agent's authority•the parties' rights and duties•under what circumstances and with what consequences the agency can be terminated•general commercial provisions, and•where...

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Power of attorney for commercial transactions

Power of attorney for commercial transactions1Appointment and powersWe, [insert name of company] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Company), HEREBY APPOINT on [insert date] [insert name of attorney] of [insert address of attorney] to be the Company’s true and lawful attorney (Attorney) with full power, authority and legal right in the name and on behalf of the Company:1.1to do and perform any and all acts, matters and things and to have the absolute discretion to approve the form and content of and to execute, deliver, seal and sign any and all deeds, contracts, consents, letters or other documents, whether as deeds or otherwise, and to grant any authorisations or consents which may be required by the Company which the Attorney may in their sole and absolute discretion consider necessary or desirable in connection with the proposed agreement between the Company and [insert name of other party to the commercial agreement] (Party B) in connection with [insert description...

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good...

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Where a company commences a prosecution, what authority would an individual officer need in order to commence those proceedings? Is anyone within a company empowered to do so, or would they require specific delegated authority? If the company is a statutory undertaker, are there additional concerns?

Where a company commences a prosecution, what authority would an individual officer need in order to commence those proceedings? Is anyone within a company empowered to do so, or would they require specific delegated authority? If the company is a statutory undertaker, are there additional concerns? Authority to bring a private prosecution Section 6(1) of the Prosecution of Offences Act 1985 (POA 1985) The right to institute proceedings and conduct a private prosecution is provided by POA 1985, s 6(1). A private prosecution can be commenced by a private individual, company or organisation who is not acting on behalf of the police, CPS or any other public prosecuting authority. Please note that there are certain offences which require the consent of the Attorney General or Director of Public Prosecutions (DPP) to prosecute. POA 1985, s 6(2) Pursuant to POA 1985, s 6(2), the DPP may take over a private prosecution at any time for the purpose of continuing the prosecution or discontinuing it. Who can commence a...

If a corporation aggregate ordinarily signs hard copy documents by affixing its common seal, how should this process be replicated to enable it to sign electronically? How can a seal applied in this way be distinguished from an 'electronic seal' as defined in Article 3 of Assimilated Regulation (EU) 910/2014 (UK eIDAS)?

If a corporation aggregate ordinarily signs hard copy documents by affixing its common seal, how should this process be replicated to enable it to sign electronically? How can a seal applied in this way be distinguished from an 'electronic seal' as defined in Article 3 of Assimilated Regulation (EU) 910/2014 (UK eIDAS)? A corporation aggregate is a body of persons which is recognised by the law as having a personality which is distinct from the separate personalities of the members of the body (see Commentary: Corporations and unincorporated associations: Halsbury's Laws of England [401] and Corporation is a distinct entity: Halsbury's Laws of England [402]. Any person who is authorised, whether expressly or impliedly, to act on behalf of a non-Companies Act company can contract on behalf of the various types of corporation (Corporate Bodies' Contracts Act 1960). See also Practice Note: Forming enforceable contracts—authority, in particular section: Corporations. In practice, non-Companies Act corporations tend to execute simple contracts and deeds under seal, see Practice Note: Execution formalities—non-Companies...

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ECtHR rules inadmissible Article 2 complaint about refusal of Northern Ireland ‘legacy’ inquest (Dalton v UK)

The European Court of Human Rights (ECtHR) has ruled inadmissible an application brought against the UK by Rosaleen Dalton. She had argued that the refusal of a fresh inquest into her father’s death in an IRA bombing in 1988 was a breach of Articles 2 and 13 of the ECHR.

SFO’s growth push a ‘difficult line to tread’ for prosecutor

Law360, London: The Serious Fraud Office’s (SFO) recent promise to assist UK Plc with growth has raised eyebrows among former officials who question the optics of adopting political talking points that, on the surface, appear to distract from investigating and prosecuting economic crime.