Q&As

Q&As

Is a guarantee effective where it has been executed and dated by the guarantor but not executed by the beneficiary of the guarantee? Can the beneficiary sign the document some time after the execution by the guarantor?

Offer, acceptance and certainty of termsSee Practice Note: Formalities for creating a guarantee which explains that the following features are...

6th Dec

Q&As

Do you have any guidance on whether Brexit is considered a force majeure event?

We refer you to the following which may be of assistance:•Q&A: Is Brexit considered a force majeure event?•Practice Note: Brexit—contract risk...

6th Dec

Brexit

Q&As

Which legislation specifically allows a barrister to swear a statutory declaration?

Section 18 of the Statutory Declarations Act 1835 provides that ‘it shall or be lawful for any justice of the peace, notary public, or other officer...

6th Dec

Q&As

Should a power of attorney granted by an English company where the attorney will be acting in a foreign jurisdiction be executed in accordance with English legal requirements or those of the jurisdiction in which the attorney will operate?

If a power of attorney (POA) is to be granted by an English company for use overseas this can be achieved either:•by creating the POA in the foreign...

6th Dec

Q&As

Does a guarantee for a tenancy agreement have to be by way of a deed?

A guarantee is an agreement between the guarantor and the landlord, and it is governed by the general rules and principles of contract law. As such,...

6th Dec

Q&As

What is the effect if one party fails to execute a multi-party agreement after the others have executed. Will this bind only the parties executing?

Whether or not a contract is valid will depend on the facts of the situation, the parties’ respective obligations and whether or not acceptance has...

6th Dec

Q&As

Do you have any Precedent wording whereby the customer contracting entity is part of a wider group and is contracting to allow the group entities to use the services, and be allowed to claim for losses sustained by the group entities?

We refer you to the wording in clause 52 of Precedent: Systems integration agreement—pro-customer, which permits the customer to bring claims on...

6th Dec

Q&As

Is there any benefit to be gained by executing a novation agreement as a deed?

There are two key features of deeds that distinguish them from simple contracts:•deeds are enforceable irrespective of the lack of consideration (in...

6th Dec

Q&As

Do you have any guidance on certification by solicitors of documents that are only available, and only exist, online or in electronic form?

There are numerous personal and business reasons for obtaining a certified copy of a document. For example, when applying for a loan the lender may...

6th Dec

Q&As

Where a contract contains a termination for convenience clause but does not specify when notice is deemed served, when will notice served by post be deemed to be served?

Statute provides for deemed service in some limited circumstances (see Practice Note: Notices—commercial contracts).In that context, section 7 of the...

6th Dec

Q&As

If a party appoints an attorney under a power of attorney (POA) can the donor still act (or a third party be appointed to act) in respect of the same matter for which the attorney was appointed?

Practice Note: Powers of attorney in commercial transactions provides practical guidance on how to grant powers of attorney, the different types of...

6th Dec

Q&As

Does the lack of signature on a contract or deed negate the contract? Is there a distinction between contracts and deeds in this respect? Where a charge that is not signed is registered against a company is that charge valid?

We assume that this Q&A is referring to a charge that has not been signed by either party. We have also assumed that the charge is registered against...

6th Dec

Q&As

If a deed is signed but not witnessed, is it still valid? Will equity save it (looking to intention and not form)?

The following content will be of use:Nature of trustsPractice Notes:•Nature and classification of trusts—the nature and classification of...

6th Dec

COVID-19

Q&As

What are the formalities for execution by deed of a guarantee with two guarantors?

For the purposes of this Q&A, we assume you are referring to a guarantee executed as a deed which is not subject to specific sector or industry...

6th Dec

Q&As

Can a share certificate be executed by electronic means?

The form of a company's share certificate is not prescribed by the Companies Act 2006 (CA 2006) or other legislation.It is usually governed by a...

6th Dec

Q&As

If a company director signed a deed on behalf of Company A and then subsequently resigned prior to the other party signing the deed, is the signature by Company A still valid?

In Re Armstrong Brands Ltd (in administration), a floating charge was signed by a director of a company but left undated. It was not in fact dated...

6th Dec

Q&As

What are the key differences between the definitions of ‘group company’ in the Landlord and Tenant Act 1954 (LTA 1954) and in the Companies Act 2006? Would the definition of group company in LTA 1954 catch a company held by the same ultimate holding company but not the same immediate parent company?

Section 42 of the Landlord and Tenant Act 1954 (LTA 1954) applies to group companies in respect of tenancies that are subject to the provisions of LTA...

29th Nov

Q&As

How do I sign up for Brexit alerts?

Brexit news and analysis in Lexis®PSLYou can receive Brexit news updates and analysis by signing up for alerts within Lexis®PSL. Brexit related news...

29th Nov

Brexit

Q&As