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PRECEDENTS
[CUSTODIAN LETTERHEAD] [Insert name of transfer agent] [Insert details of addressee] [Insert details of addressee] Attention: [Insert name of individual] Dear [insert text] Reference is made to that certain Underwriting Agreement dated [date] (the Underwriting Agreement) by and among [insert company name],
GLOSSARY
A trustee who has the custody and care of trust documents and investments but does not have administration or management powers in relation to the trust.
GLOSSARY
A keeper or owner of a document, also referred to as an author.
GLOSSARY
Custody in legal practice describes control over a person or asset, most often state detention of an individual, or responsibility for a child or property. It is a descriptive term used across contexts, with specific meanings set by statute and case law.Criminal law: “in custody” covers police detention and imprisonment (including remand in custody). Key frameworks include PACE 1984 (England & Wales), PACE (NI) 1989, the Criminal Justice (Scotland) Act 2016, and the Criminal Justice Acts in Ireland. Rights to legal advice, time limits on detention, and custody time limits before trial (E&W/NI) are key.Family law: in England & Wales and Northern Ireland, “custody” is largely historic; courts make child arrangements/residence and contact orders under the Children Act 1989 and the Children (NI) Order 1995. In Scotland, terminology is parental responsibilities and rights, with residence/contact orders (Children (Scotland) Act 1995). In Ireland, “custody” and “access” remain statutory terms (Guardianship of Infants Act 1964 as amended), decided on the child’s best interests.Financial services/property: custody means safekeeping of assets by a custodian, with duties of segregation, reconciliation and record‑keeping under the FCA CASS rules (UK) and the Central Bank of Ireland’s client asset regime.
GLOSSARY
Custody (of a child) refers, in everyday legal practice, to who is responsible for a child’s day‑to‑day care, where the child lives, and who makes key decisions about upbringing. In modern UK and Irish family law, however, “custody” is largely a non‑technical or historic term.In England and Wales and Northern Ireland, legislation now uses “parental responsibility”, “child arrangements orders” (living with/contact) or “residence” and “contact”, rather than “custody” and “access”. In Scotland, the Children (Scotland) Act 1995 and subsequent case law refer to “parental responsibilities and rights”, including responsibility to provide guidance and regulate residence, instead of custody. In Ireland, “custody” still appears in legislation and case law, but is understood alongside “guardianship” (long‑term decision‑making) and “access”.Across all four jurisdictions, disputes formerly described as “custody battles” are now framed in terms of residence, contact and parental responsibility/rights. Practitioners must be careful when drafting, advising or interpreting orders, to distinguish between historic “custody” terminology and the current statutory framework determining care, residence and decision‑making for children.
GLOSSARY
A Custody Detention Officer (CDO), in accordance to Part IV of PACE, is an officer at a designated police station whose role is for detaining arrested persons, or authorising the release of arrested persons from custody. A Custody Detention Officer determines if the arrested person has grounds to be charged for the offence and may detain him at the police station. It is the duty of the Custody Detention Officer to ensure all detainees are treated in accordance with the requirements of PACE 1984 and the PACE Codes of Practice.
PRACTICE NOTES
What is financial custody? Systems and services for safekeeping or custody of debt securities are part of the infrastructure that helps to create an efficient, secure and liquid market for debt securities—see Practice Note: UK Debt securities—trading, settlement and custody. Debt securities are usually held through an extended chain of intermediaries. The end investor has rights which amount to a form of ownership, but which do not fit into the categories of legal or beneficial ownership under English law. Credit, operational and legal risks can potentially arise at each link in the chain and the rights of end investors are dependent on a chain of legal arrangements between the intermediaries and on accurate record keeping by the computer systems operated by each of the intermediaries, over which the end investor has no control. UK regulation of custodial services focuses on minimising credit, operational and legal risk by requiring custodians to carry out continual due diligence on their own systems and operations and those of the other intermediaries in the chain of ownership. What
GLOSSARY
The maximum period, as set down in statute, for which a person may be kept in custody before being brought to trial—these maximum periods may only be extended by an order of the judge.
PRACTICE NOTES
This Practice Note deals with custody time limits (CTLs) on the length of time a defendant can be kept in custody before trial (pre-trial detention). It deals with the effect of expiry of the custody time limits, when an application should be made to extend custody time limits, and the criteria for extending the custody time limits, including good and sufficient cause and due expedition. Finally, it deals with the procedure for applying to extend the custody time limits and how to appeal against a custody time limit decision. For more information relating to case management during court proceedings, see Practice Notes: Case management in the magistrates’ courts and Pre-trial and case management hearings in the Crown Court. The Prosecution of Offences (Custody Time Limits) Regulations 1987 (CTLR 1987), SI 1987/299, as amended, made under the Prosecution of Offences Act 1985 (POA 1985), impose time limits on the length of time an accused can be kept in custody before their trial. They impose the following maximum time limits: • 70 days between the defendant’s first appearance in
GLOSSARY
Depending on context, the statutory maximum period of time that a person may spend between committal for trial, or the rules concerning the time a suspect may be held without charge.
GLOSSARY
The customer friendly version of the PPFM aimed at allowing a someone to understand the processes involved in the management of a with-profits fund.
NEWS
The Civil National Business Centre (CNBC) is circulating updated guidance for practitioners on how to submit work and correspondence to the CNBC. The guidance sets out dedicated email mailboxes for different work types — including claim responses, directions questionnaires, applications, and enforcement matters — and asks practitioners to email rather than post wherever possible, including the eight-digit claim number and a brief description in the subject line to ensure correct routing.