(1) An opting-in resolution or an opting-out resolution must specify the date from which it is to have effect (the “effective date”).
(2) The effective date of an opting-in resolution may not be earlier than the date on which the resolution is passed.
(3) The [second, third, fourth and fifth] conditions in section 966 must be met at the time when an opting-in resolution is passed, but the first one does not need to be met until the effective date.
(4) An opting-in resolution passed before the time when voting shares of the company are admitted to trading on a [UK]
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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