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GLOSSARY
A contingent trust is a trust where the beneficiaries’ entitlement to income or capital depends on a future event or condition being satisfied, such as reaching a specified age, surviving another person, or achieving a stated milestone. Until the contingency is met, beneficiaries have no absolute (vested) right to the trust property.The term “contingent trust” is descriptive rather than a defined statutory term in England and Wales, Scotland, Northern Ireland or Ireland, but it is widely used in private client, succession, family and tax planning practice.Key features include: conditions precedent to beneficial entitlement; the possibility that the interest may never arise; and the need for clear drafting to avoid uncertainty or invalid conditions (for example, those contrary to public policy or infringing perpetuity rules). Trustees typically hold property on discretionary or protective terms until the contingency is satisfied or fails.Usage is broadly consistent across the UK and Ireland, though Scots law may describe beneficial interests as “conditional” or “suspensive”. Contingent trusts are commonly used in wills, settlements for minors, second‑family arrangements, and asset protection structures, with significant tax, estate administration and trust management implications.
PRECEDENTS
The Trustees shall hold the Trust Fund and the income of it
GLOSSARY
A type of right given to shareholders of the offeree entitling them to additional consideration upon the occurrence of one or more specified events.
NEWS
Employment analysis: In an unfair dismissal case brought by a migrant sponsored worker seeking interim relief, an employment tribunal may make a continuation of contract order even if the employer has lost its sponsorship licence because making such an order does not create an employment contract or relationship of employment, according to the London Central Employment Tribunal.
GLOSSARY
The option to take out a life insurance policy to replace life cover provided by a pension scheme upon leaving without having to provide evidence of health.
GLOSSARY
An order that a hearing take place at a later date. In England and Wales the equivalent term would be for a hearing to be adjourned.
GLOSSARY
Prior to A-day, some members had the right to favourable tax regime provisions, in particular the regimes that applied separately to pre-17 March 1987 members, and pre-1 June 1989 members. These rights were known as continued rights.
PRECEDENTS
By [name of granter] In favour of [names(s) of Attorney(s)] (Continuing and Welfare Attorney(s)) [year] [Agent details] Ref: [...] I, [name of granter], residing at [granter’s address], hereby appoint: 1 [name and address of first continuing Attorney] [and/whom failing name and address of second/substitute continuing Attorney] [and so on] to act as my Continuing Attorney(s) (my Continuing Attorney(s)) in terms of section 15 of the Adults with Incapacity (Scotland) Act 2000 (which Act and subsequent amendments of it are referred to in this Power of Attorney(s) as the Act) from the date of this Power of Attorney(s) with the General Powers defined hereafter and particular powers specified in clauses 1 to 13 inclusive (Continuing (Financial) Powers) and clause 15 of this Power of Attorney(s); and 2 [name and address of first welfare Attorney] [and/whom failing name and address of second/substitute welfare Attorney] [and so on] to act as my Welfare Attorney(s) (my Welfare Attorney(s)) in terms of section 16 of the Act with the General Powers defined hereafter and particular powers specified in clause 14 (Welfare
PRACTICE NOTES
Why grant a power of attorney? Until the coming into force of the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000), it was the case that any powers granted by an adult in favour of their attorney would cease to be operable upon the adult becoming incapable. AI(S)A 2000 introduced ‘continuing’ powers of attorney which continue to have effect after loss of capacity. It is also possible to grant ‘welfare’ powers. The clear benefit of this is that, provided the adult has capacity at the point of signing: • the adult can choose the person or persons who will take decisions on their behalf • the more costly and time-consuming routes which involve court processes can be avoided See Practice Notes: Adults with Incapacity (Scotland) Act 2000, Welfare guardianships—Scotland and Financial and property guardianships—Scotland. Who can be an attorney? An attorney must be 16 or over, ie have legal capacity. An attorney taking continuing powers may not be bankrupt. It is possible to
PRACTICE NOTES
The SRA’s continuing competence regime requires solicitors to reflect on their practice and identify (and then address) their learning and development needs to keep their skills and knowledge up to date. This Practice Note provides guidance and suggestions for ways you can incorporate self-reflection and long-term planning into your personal development plans. This Practice Note covers: • self-awareness and how to identify your own learning needs • working with your preferred learning style • planning long-term development Self-awareness and identifying your own learning needs Most of us have an opinion on how those around us work—what they get right and where their areas for improvement are, but what happens when we turn that spotlight on ourselves? The first step to being a great professional in any field is to improve your self-awareness by taking a long honest look at yourself and seeking out feedback from others. A good starting point is to conduct a personal SWOT analysis—what are your strengths and weaknesses, are there any opportunities for development and what threats might get in
GLOSSARY
The ongoing rules and requirements that a company must follow once admitted to listing on the Official List set out in Chapter 9 of the Listing Rules. Some of these continuing obligations derive from the Market Abuse Regulation and the Disclosure Guidance and Transparency Rules (DTR).
PRACTICE NOTES
A company admitted to trading on AIM (AIM company) must comply with a number of rules called continuing obligations contained in the AIM Rules for Companies (AIM Rules) published by the London Stock Exchange plc (LSE). In addition, an AIM company should also be aware of the AIM Rules for Nominated Advisers setting out the responsibilities and obligations of the company’s nominated adviser (or nomad) and the AIM Disciplinary Procedures and Appeals Handbook. Other statutory rules and regulations are relevant to an AIM company and these include the Companies Act 2006 (CA 2006), the Financial Services and Markets Act 2000 (FSMA 2000), the Financial Services Act 2012 (FSA 2012), the City Code on Takeovers and Mergers (Takeover Code), sections of the Disclosure Guidance and Transparency Rules (DTR) and the UK Market Abuse Regulation (Assimilated Regulation (EU) No 596/2014). This Practice Note focuses on the continuing obligations of an AIM company incorporated in the UK under the AIM Rules and guidance on the AIM Rules published by the AIM Regulation team in Inside AIM. It also