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NEWS
The Pensions Ombudsman (TPO) has published a framework document from HM Treasury and dated February 2025 setting out the governance, accountability, and operating arrangements for TPO as a central government non-departmental public body. Drawn up by the Department for Work and Pensions (DWP) in consultation with TPO, the document defines how DWP sponsors and oversees TPO, with the Secretary of State accountable to Parliament and day-to-day responsibilities delegated to the responsible minister and officials, while expressly preserving TPO’s statutory independence as an impartial quasi-judicial office holder and Crown Commissioner.
PRECEDENTS
Introduction I [insert debtor's name] wish to give my creditors the opportunity of considering an individual voluntary arrangement (IVA). Based upon the information provided in my estimated statement of affairs attached, it is clear that I am insolvent; I am unable to pay my debts as and when they fall due and my liabilities exceed my assets. There are two alternatives available to me, either I petition for my own bankruptcy or I seek an IVA with my creditors. I first discussed my affairs with my Nominee, [insert nominee's name] on [insert date of meeting] who advised me to seek independent insolvency advice. My Nominee has provided me with advice on all available debt resolution processes, having considered this advice I believe an IVA would be beneficial to both the creditors and me. I set out below the reasons I believe an IVA would be beneficial: 1 Total funds available in the IVA are greater than would be available in the event of my bankruptcy. 2 The costs of administering the IVA are lower than
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Customer][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Customer); and 2 [insert name of Supplier][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Supplier) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer conducts the business of [insert description]. (B) The Supplier conducts the business of supplying [insert description of services] to other businesses. (C) The parties have agreed that the Supplier shall supply services to the Customer on the terms set out in this Agreement. (D) The parties contemplate that the Supplier shall supply services to the Customer on a call-off basis. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Background IPR • means Intellectual Property Rights of the Supplier (or its third-party provider) existing prior to the Commencement
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer); and 2 [insert name of Supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer conducts the business of [insert description]. (B) The Supplier conducts the business of supplying [insert description of services] to other businesses. (C) The parties have agreed that the Supplier shall supply services to the Customer on the terms set out in this Agreement. (D) The parties contemplate that the Supplier shall supply services to the Customer on a call-off basis when requested by the Customer. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Best Industry Practice • means in relation to any undertaking and any circumstances, the highest degree of professionalism,
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer); and 2 [insert name of Supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer conducts the business of [insert description]. (B) The Supplier conducts the business of supplying [insert description of services] to other businesses. (C) The parties have agreed that the Supplier shall supply services to the Customer on the terms set out in this Agreement. (D) The parties contemplate that the Supplier shall supply services to the Customer on a call-off basis. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Change
PRECEDENTS
This Agreement is made on [date] Parties 1 [Insert name of party][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Supplier); and 2 [Insert name of party][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The parties have agreed that the Supplier shall provide the Services to the Customer on a call-off basis in accordance with the provisions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Commencement Date • means [the date of this Agreement OR [insert date]]; Confidential Information • has the meaning given in clause 12; Customer Default • means the Customer’s: (i) breach of any provision of this Agreement; (ii) negligence; or (iii) other unlawful act or omission; Customer Material • means the Customer’s materials, documents, information, data, tools, equipment, or other items, made available
PRACTICE NOTES
1. What is the applicable legislation? French laws and regulations applicable to investments requiring prior approval have been amended in several respects since 2019 in order to increase the scope and means of control over foreign investments. The principal French foreign investment control rules are set out at Articles L. 151–3 et seq. and R. 151-1 et seq. of the French Monetary and Financial Code (Code monétaire et financier). An order dated 31 December 2019 (arrêté relatif aux investissements étrangers), which entered into force on 1 April 2020, amended the decree of 7 March 2003, notably by supplementing the information requested, both for the application for prior authorisation and for the notice to be sent once the transaction has been completed. Since then, the applicable rules have been amended in order to expand the scope of targeted activities and to lower the thresholds that trigger the requirement for prior approval of the transaction for listed companies. The most recent amendments to these
NEWS
MLex: The French government has suggested setting up a new European savings product and moving toward more centralised financial supervision in two non-papers circulated to Member States and seen by MLex.
PRACTICE NOTES
NOTE—to see whether notification thresholds in France and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the French merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in France? 2025 was a very active for the French Competition Authority (Autorité de la Concurrence, FCA) in terms of merger control, with a record number of transactions reviewed (328 operations, compared to 296 in 2024 and 266 in 2023). Proposed increase of merger control thresholds The former French economy minister, Bruno Le Maire, introduced in April 2024 a draft bill ‘to simplify economic life’. The draft bill namely proposes that the French merger control thresholds be increased as follows: • general thresholds: the total net of tax turnover of all of the undertakings concerned exceeds €250m (up from €150m at present) and the total net of tax turnover generated in France by at least two of the undertakings concerned exceeds €80m (up from
NEWS
Law360: France is dialing back access to its beneficial ownership information registry by introducing what it is calling a filtering system that limits the previously entirely public database starting on 24 July 2024, the French Finance Ministry said on 29 July 2024.
NEWS
MLex: France's ban on social media for users under age 15 could speed up EU legislation on protecting children online, after lawmakers watered down the measure to preserve the European Commission's powers under the EU Digital Services Act (EU DSA). The changes allow French lawmakers to argue they are addressing harms associated with social media, including infinite scrolling and other addictive design features, while preserving the Commission's role in enforcing the EU DSA and proposing EU-wide legislation.
NEWS
MLex: France, Ireland and Latvia haven't correctly translated the EU's 5th Anti-Money Laundering (AML) Directive into national provisions, the European Commission said 24 April 2024. The EU countries therefore received a letter of formal notice, the first step in the EU infringement procedure. They have now two months to address the shortcomings or they might receive a final warning in the form of a reasoned opinion, the EU executive said.