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PRACTICE NOTES
A director who is in any way, directly or indirectly, interested in: • a proposed transaction or arrangement with the company of which they are a director, or • a transaction or arrangement that has been entered into by the company of which they are a director must declare the nature and extent of that interest to the other directors in accordance with the Companies Act 2006 (CA 2006), subject to certain exceptions. For further information, see Practice Note: Declaration of a director's interests—the statutory provisions. For guidance as to when a director has an interest that must be declared, see Flowcharts: Declaration of a director's interests—proposed transaction or arrangement and Declaration of a director's interests—existing transaction or arrangement. Some or all of the statutory provisions relating to the declaration of a director's interests may also apply to other companies and entities, but this issue is outside the scope of this Practice Note. In addition, there may be other rules relating to a company’s obligations in relation to the declaration of a director's
PRACTICE NOTES
A director who is in any way, directly or indirectly, interested in: • a proposed transaction or arrangement with the company of which they are a director, or • a transaction or arrangement that has been entered into by the company of which they are a director must declare the nature and extent of that interest to the other directors in accordance with the Companies Act 2006 (CA 2006), subject to certain exceptions (see Exceptions to the statutory requirements below). For guidance as to when a director has an interest that must be declared, see Flowcharts: Declaration of a director's interests in a proposed transaction or arrangement—flowchart and Declaration of a director's interests in an existing transaction or arrangement—flowchart. The provisions of CA 2006 dealing with the declaration of a director's interests came into force on 1 October 2008 and are subject to a number of transitional provisions. Some or all of the statutory provisions relating to the declaration of a director's interests may also apply to other companies and entities, but
PRECEDENTS
The directors [Insert name of company] ([Company]) [Insert address] [Insert date] Dear [Directors], General notification of interest in a proposed transaction or arrangement [In accordance with section 185 of the Companies Act 2006[, OR and] for the purposes of section 177 of the Companies Act 2006 [and article [insert article] of the Company’s articles of association], I give you notice that I have an interest as [a member OR an officer OR an employee OR [specify other]] in [specify body corporate or firm]. [Insert a description of the nature and extent of the director’s interest in the body corporate or
PRECEDENTS
The directors [Insert name of company][(Company)] [Insert address] [Insert date] Dear [Directors], Declaration of interest in a proposed
PRECEDENTS
The Directors [Insert name of company][(Company)] [Insert address] [Insert date] Dear [Directors], General notification of interest in an existing transaction or arrangement [In accordance with section 185 of the Companies Act 2006[, OR and] for the purposes of section 182 of the Companies Act 2006 [and
PRECEDENTS
The directors [Insert name of company] ([Company]) [Insert address] [Insert date] Dear [Directors], Declaration of interest in an
GLOSSARY
A declaration of dividend is normally regulated by provisions in the company’s articles of association. These typically provide for when dividends can be paid during the course of a financial year (known as interim dividends) or at year-end (known as final dividends). Usually, final dividends are approved by the members following a recommendation from the board of directors. This will often be dealt with at the AGM of the company. Interim dividends are normally agreed by the board of directors. A company is not obliged to pay dividends but once they are declared they become a debt which is due from the company to its shareholders.
PRECEDENTS
Date [date] Parties 1 [name of husband] of [address] (Husband) 2 [name of wife] of [address] (Wife) (together referred to as Joint Tenants) background (A) By a transfer of even date with this Deed but executed before it made between (1) [name of seller] (Seller) and (2) the Joint Tenants, the property described in the Schedule (Property) was transferred to the Joint Tenants free from incumbrances. (B) By a mortgage (Mortgage) of even date with this Deed but also executed before it, the Joint Tenants charged the Property to [name of lender] (Lender) to secure payment to the lender of the sums payable under the Mortgage.
PRECEDENTS
Date [date] Parties 1 [name of first joint tenant] of [address] 2 [name of second joint tenant] of [address] 3 [name of third joint tenant] of [address] (together referred to as Joint Tenants) background (A) By [a [conveyance OR transfer] dated [date] made between (1) [names of sellers/transferors] and (2) the Joint Tenants OR a settlement dated [date] made between [parties] OR an assent dated [date] made between [name(s) of personal representative(s)]] and the Joint Tenants [and in the events which have happened] the property described in the Schedule (Property) is vested in the Joint Tenants in fee simple as beneficial joint tenants. (B) [The rents and profits of the Property have up to the date of this Deed been collected paid and applied in accordance with the directions and to the satisfaction of the Joint Tenants.] (C) The Joint Tenants wish to sever the joint tenancy in equity at present subsisting in the Property on the terms appearing below. 1 Declaration of trust The Joint Tenants will continue to hold the Property as joint tenants at law but on trust that
GLOSSARY
A declaration by a court that a piece of UK legislation is incompatible with the provisions of the European Convention on Human Rights.
PRECEDENTS
Part 1 To be completed by any member of staff involved in any form of procurement for or on behalf of [Insert organisation’s name], including Executive Directors, interims, secondees, temporary staff and contractors—whether or not they have an interest to declare. 1 Your details Name (print): [Insert name] Job Title: [Insert job title] 2 Details of the procurement: Goods/services to be procured [Insert details] Potential suppliers/bidders/tenderers [Insert details] Estimated total contract value [Insert details] Budget holder [Insert details] Project initiation document (PID) number [Insert details] 3 Declaration and signature All staff must complete one of the following statements and return the form to: [insert person or department to receive forms, eg Finance Director or Legal Department]. Please tick to indicate which statement applies. EITHER 3.1 □