Authorisation 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...

Articles (non-leveraged investment)—checklist

Articles (non-leveraged investment)—checklist Objects Is it necessary or appropriate for the company to restrict its objects? If the company was incorporated before 1 October 2009, check if any of the objects stated in its memorandum of association need deleting (by way of a members’ special resolution). Application of model articles Determine if the model articles are to apply to the company. If the company was incorporated before 1 October 2009, consider whether Table A should still apply (if not previously amended). Determine what, if any, of the model articles should not apply to the company. Board of directors How many directors will be on the board? Which of the founders will be directors? How many directors will the investor have the right to appoint to the board? What is the quorum for board meetings? Does the chair (or another director) have a second or casting vote? Are fees payable to the investor directors and/or chair? If so, what are they? Set out administrative matters relating to the board (eg frequency...

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Marketing authorisations: EU mutual recognition procedure—flowchart

Marketing authorisations: EU mutual recognition procedure—flowchart No medicinal product may be placed on the market unless it has been approved. This Flowchart outlines the procedure for obtaining an approval, known as a marketing authorisation (MA) through the mutual recognition procedure (MRP). The MRP is used to obtain marketing authorisations in one or more EU Member States where the medicinal product in question has already received an MA in another EU Member State at the time

Regulated activities—flowchart

Regulated activities—flowchart The defined terms in the flowchart shall have the following meaning: • Appointed Representative Regulations—the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001, SI 2001/1217 • Business Order—the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001, SI 2001/1177 • Exemption Order—the Financial Services and Markets Act 2000 (Exemption) Order 2001, SI 2001/1201 • Non-Exempt Activities Order—the Financial Services and Markets Act 2000 (Professions)

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Managing conflicts of interest in pensions

Managing conflicts of interest in pensions THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES Legal requirements in relation to conflicts of interest Pension scheme trustees have a duty to act in the best interests of the scheme's beneficiaries. However, trustees may owe duties to other parties or have personal interests which conflict with that duty. It is a general principle of trust law that trustees should not put themselves in a position where their duty to act in the best interests of beneficiaries conflicts with duties that they owe to other parties or with their personal interests. If trustees make decisions while subject to a conflict of interest that has not been appropriately managed, there is a risk that those decisions may be challenged by scheme members or overturned by the courts. It is important that the members of a scheme should perceive a conflict or potential conflict as having been properly managed. The directors of a company that acts as a trustee of a...

Social media and user-generated content

Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...

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Ireland—data protection impact assessment—artificial intelligence

Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...

Publicity—annual review—law firms

Publicity—annual review—law firms 1 General information Date of review Person(s) conducting review [Insert date] [Insert name(s)] 2 Review and findings Item reviewed Findings Have all publicity materials listed in your Publicity register been reviewed in the last year? ☐ Yes☐ No (set an action point at section 3 below) Is the Publicity register up to date? ☐ Yes☐ No (set an action point at section 3 below) Does the firm’s letterhead comply with requirements set out in Practice Note: Publicity—law firms? ☐ Yes☐ No (set an action point at section 3 below) Do the firm’s letterhead, website and emails show the firm’s SRA authorisation number and the words ‘authorised and regulated by the Solicitors Regulation Authority’? ☐ Yes☐ No (set an action point at section 3 below) Does the firm’s website display all relevant information required by the SRA Transparency Rules? ☐ Yes☐ No (set an action point at section 3 below) Is all publicity material up to date, accurate and not misleading? ☐ Yes☐ No...

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Where can I find information relating to FCA perimeter issues?

Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: • a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person • a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom • a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...

Can we have a COLP who works part-time?

Can we have a COLP who works part-time? All firms must have a compliance officer for legal practice (COLP), authorised by the SRA. This Q&A explains whether your COLP has to be full-time or whether you can appoint someone who works on a part-time basis. It also explains whether you have to notify the SRA is your existing COLP reduces their working hours. What do the rules say? The SRA Authorisation Rules are prescriptive about the COLP’s status (manager or employee of the firm as defined in the SRA Glossary) but not about their hours and there is no formal requirement for the COLP to work full-time. The question, however, is whether the COLP can discharge their regulatory duties on a part-time basis. These duties are: • take all reasonable steps to ensure compliance with the SRA Handbook (apart from the Accounts Rules), terms and conditions of the firm’s authorisation and other relevant legislation/regulation • report material compliance failures to the SRA as soon as reasonably...

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Life Sciences weekly highlights—19 June 2025

This week's edition of Life Sciences weekly highlights includes news analysis that the European Commission is pressing ahead with finalising the Code of Practice for general-purpose AI (GPAI) model developers despite possible AI Act delays for August 2025 as well as news that the Commission has published its timeline for the implementation of the EU AI Act. Also, this week includes several important news stories in the medical devices sector: the MHRA brought into force the Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2024 from 16 June, marking the first major reform to post-market surveillance (PMS) legislation for medical devices in Great Britain, the Unified Patent Court ruled that Curio Bioscience's Seeker Spatial Mapping Kits infringed patents by 10x Genomics, upholding an injunction against the U.S. biotech company's rival in Germany, France and Sweden, the UK MedTech Forum called on the MHRA for the indefinite recognition of EU CE-marked medical devices and advocated for the introduction of internationally aligned reliance pathways for pre-market approvals, the EU’s MDCG has...

Public Law weekly highlights—19 June 2025

This week's edition of Public Law weekly highlights includes: Lord Reed delivers a significant ‘institutionalist’ speech on trust in the courts in a populist age, the UK-EU political agreement on Gibraltar establishing a customs union between the EU and Gibraltar, alongside criticism of the treaty scrutiny process in Parliament, with Dame Emily Thornberry calling it “rubbish” during a Commons debate. Also in this edition, a major speech from Lord Chancellor Shabana Mahmood about the ECHR. Case law updates include the Administrative Court’s dismissal of judicial review claims against VAT on private school fees, finding the Finance Act 2025 changes justified in human rights law terms, and the High Court’s rejection of an injunction sought against protestors who opposed the EHRC’s stance following the Supreme Court’s ruling in For Women Scotland Ltd v Scottish Ministers, with the court finding no imminent risk of trespass. This edition features further updates on Brexit highlights, Brexit SIs, Post-Brexit guidance, Constitutional and administrative law, Judicial review, Equality and human rights, State security and intelligence, Information...