The provisions of Chapter 3 (A company’s constitution) of the Companies Act 2006 (CA 2006) apply not only to special resolutions, but also to any unanimous resolutions amending the articles of association (CA 2006, s 29(1)(b)). A copy of every resolution or agreement to which CA 2006, Ch 3 (CA 2006, s 29) applies, or (in the case of a resolution or agreement that is not in writing) a written memorandum setting out its terms, must be forwarded to Companies House within 15 days after it is passed or made (CA 2006, s 30). In

The statutory rights of members regarding proxies were more restrictive under the company laws that predated the Companies Act (CA 2006). Under the Companies Act 1985 (CA 1985), a member's right to appoint a proxy did not apply at all to companies without a share capital, which would include most companies limited by guarantee, unless the company’s articles

The Companies Act 2006 (CA 2006) does not set out detailed provisions regarding alternate directors; it is the company’s articles of association as well as relevant case law and any particular terms of appointment that will definitively govern how an alternate director is treated in relation to quorum, voting, authority and other rights. If the company in question has articles in the form of or closely resembling the model articles for public companies (see Precedent: Model articles—public company), there are several provisions dealing with the appointment of alternate directors (see articles 15 and 25-27). These provisions make clear that the usual rule for alternates is that for the purposes of voting and quorum, the alternate is only counted if the appointing director is not present and voting themselves. In other words, there is no double-counting,

A company having a share capital must issue a share certificate to a person on their becoming a shareholder through an allotment or transfer of shares within two months of the allotment or the date on which a duly stamped and otherwise valid instrument of transfer of its shares is lodged with the company (section 769 of the Companies Act 2006 (CA 2006)). The requirement to issue a share certificate is also typically provided for in a company's articles of association, together with provisions governing the form and execution

As set out in Practice Note: EIS—conditions for relief: individual investor conditions, section 177 of the Income Tax Act 2007 (ITA 2007) provides for the ‘no pre-arranged exits requirement’, which must be satisfied in order for enterprise investment scheme (EIS) income tax relief to be claimed by individual investors. It provides, among other requirements, that the ‘issuing arrangements’ must not include: ‘...arrangements the main purpose or one of the main purposes of which is (by means of any insurance, indemnity, or guarantee or otherwise) to provide partial or complete protection for persons investing in shares in the issuing company against what would otherwise be the risks attached to making the investment.’ Issuing arrangements are defined as meaning arrangements under which

Section 9(2) of the Mental Capacity Act 2005 (MCA 2005) specifies that a lasting power of attorney (LPA) is not created unless it complies with MCA 2005, s 10 (which sets out who may or may not be an attorney), is made and registered in accordance with MCA 2005, Sch 1 and the donor is aged 18 or more and has the requisite capacity. MCA 2005, s 9(3) specifies that unless the instrument purporting to create an LPA complies with Sections 9 and 10 in addition to Schedule 1 of the act is not valid. MCA 2005, Sch 1, para 1 states that: '(1) An instrument is not made in accordance with this Schedule unless— (a) it is in the prescribed form, (b) it complies with paragraph 2, and (c) any prescribed requirements in connection with its execution are satisfied.' The Court's authority to consider

Each of the original beneficiaries could give away his or her proportionate entitlement to the estate by means of a discreet deed of variation which relates to that beneficiary’s gift alone. Alternatively, if appropriate in the circumstances, a single deed of variation could be executed, although that is not a legal requirement.

PI trusts PI trusts are established when a person receives monies as a result of an accident and are not limited to sums resulting from a court order. The money can come from other sources such as an insurance policy, government compensation schemes or a charitable donation. The simplest and most widely used PI trust is the bare trust as referred to in the question. The monies belong to the person who suffered the injury but the trustees have authority to deal with the funds in various ways. The purpose of a PI trust is to ensure the needs of the beneficiary are met in matters such as paying for a carer or ongoing medical treatment or adapting their home. See

Where the leaseholder who served a section 42 notice sells their flat, the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) makes provision for the section 42 notice to be assigned to the purchaser of that flat so that the purchaser can continue the process of acquiring a new lease. To this end, LRHUDA 1993, s 43(1) states: ‘Where a notice has been given under section 42 with respect to any flat, the rights and obligations of the landlord and the tenant arising from the notice shall enure for the benefit of and be enforceable against them, their personal representatives and assigns to the like extent (but no further) as rights and obligations arising under a contract for leasing freely entered into between

Exchange of contracts during the process of buying a house is when the parties exchange signed contracts, and the buyer pays the deposit. Once this has taken place, the agreement becomes legally binding and major penalties apply if either party backs out. As such, exchange of contracts is a very important part of the process as this is when both parties are bound. Given exchange constitutes a binding agreement, this remains valid if the buyer dies, and the benefit and burden will pass to the buyer’s Personal Representatives. As such, the seller would be entitled to insist that the personal representatives

Part 36 and small claims CPR 36 is an extremely widely known and used set of prescriptive rules for settlement offers. These rules provide for costs consequences that are especially relevant when one party fails to achieve a better result at trial than could have been achieved by accepting a Part 36 offer the other party had made. There is no reference in CPR 36 to the small claims track. This is because once a claim is allocated to that track it is not possible to make a Part 36 offer—CPR 27.2(1)(g). Part 36 offers made earlier are valid, however, and it is such offers which are being considered here. Consequences of acceptance generally The costs consequences of a Part 36 offer being accepted are relatively simple. Although such an offer can be made by either

Pursuant to CPR 21.10, where a claim is made by or on behalf of a child or protected party, or against a child or protected party, no settlement, compromise or payment (including any voluntary interim payment) and no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the child or protected party, without the approval of the court. The requirement that no settlement can be accepted on behalf of a protected party/child without the approval of the court is there to ensure that the claim is not under-settled and also to ensure that the child’s