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PRECEDENTS
[TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER] [insert date] To: [insert full name and address of agent for service of process] Dear [insert full name of process agent] We refer to the facility agreement dated [insert date of facility agreement] between [insert full name of lender] (the Lender) and [insert full name of borrower] as amended, novated, supplemented, restated or replaced from time to time in accordance with its terms (the Facility Agreement). We irrevocably appoint you [for a period of [•] years OR until [insert date on which appointment will terminate]] on the terms set out below with full authority to receive, accept and acknowledge for us and on our behalf service of process issued out of the courts of England and Wales in respect of any matter arising out of or in connection with the [Facility Agreement
PRACTICE NOTES
Appointment of a management receiver in restraint proceedings Where a restraint order is in place, the Crown Court has the power to appoint a management receiver to deal with any of the defendant's realisable assets that are restrained. Where a restraint order is not in place, the Crown Court may also appoint a management receiver where a magistrates' court has made a further detention order under section 47M of the Proceeds of Crime Act 2002 (POCA 2002) in relation to property detained under POCA 2002, s 47J, on an application by the prosecutor or an accredited financial investigator (AFI). For information on restraint orders, the applicable regime and restraint proceedings, see Practice Note: Restraint orders. Fees and terms of engagement The management receiver is appointed by the court and reports back to the court that appointed them. The management receiver, if they are not an employee of the prosecuting body, can only be paid fees where the court directs this and specifies the basis on which the receiver is to be remunerated.
PRECEDENTS
1 I appoint: 1.1 [full name of first executor] of [full address of first executor]; and 1.2 [full name of second executor] of [full address of second executor]; (my English Trustees) to be executors and trustees of this Will for the purpose of dealing with my English Estate[ and for the purpose of
NEWS
The Minister for Countering Illegal Migration, Michael Tomlinson, has written to the Chair of the Home Affairs Select Committee to inform them of his intention to appoint David Bolt as interim Independent Chief Inspector of Borders and Immigration (ICIBI), in advance of the appointment of the permanent ICIBI in autumn 2024. Bolt has previously occupied the role of ICIBI from 2015 to 2020, and it is anticipated that he will occupy the interim role as soon as practicably possible. The process to recruit a permanent ICIBI is ongoing, with panel interviews having concluded.
CHECKLISTS
When appointing and removing pension trustees: • Ensure that the power to appoint and remove trustees is exercised for a proper purpose. • Check the provisions of the trust deed and rules and ensure that trustees are appointed, removed or retire in accordance with them. • Where a company is sole trustee, check the provisions of the company's articles and ensure that directors are appointed, removed or retire in accordance with them. • Check whether there are any restrictions on the appointment or removal of trustees (eg a maximum or minimum number of trustees) and ensure that the appointment or removal does not breach them. • Ensure that any changes do not reduce the number of trustees below
PRACTICE NOTES
FORTHCOMING DEVELOPMENT: On 15 December 2025, the Department for Work and Pensions (DWP) launched a consultation examining whether the existing powers enabling the Pensions Regulator (TPR) to remove and replace trustees should be supplemented or reformed, noting that TPR’s current statutory powers to suspend, prohibit or replace trustees are tightly constrained, used infrequently and can involve complex, quasi-judicial processes. Where trustee replacement is required, TPR generally appoints independent trustees from its independent register, which in practice consists of a small number of professional trustee firms and can be an effective but costly solution, particularly for schemes under stress or orphan schemes with no trustees in place. Against this background, the consultation explores the feasibility of introducing a government-appointed public trustee to act as a secure, independent, last-resort option where trustees need to be replaced or appointed. Moreover, where applicable, a scheme must comply with legislative requirements relating to the appointment of member-nominated trustees or directors. Legislation (the ‘Member-nominated trustees (MNT) legislation’) requires that at least one-third of trustees are member-nominated trustees (or
PRACTICE NOTES
This Practice Note focuses on the law and practice relating to the appointment of directors and how a director can retire or resign. It examines the role of a director and the different types of director. It also covers the notifications and other steps that are required when there is a change of director, such the need to update the statutory registers and make filings at Companies House. It considers the relevant provisions of the Companies Act 2006 (CA 2006) and a company’s articles of association. This Practice Note also covers the additional provisions relating to the appointment, retirement and resignation of directors of listed public companies including the UK Corporate Governance Code (UKCG Code), which applies to UK and overseas companies with a listing of equity shares in the equity shares (commercial companies) category in the UK (listed companies). A director may also be removed or dismissed. The removal of a director is covered in a separate Practice Note: Removal of a director. The role of a director In basic terms, the directors
PRACTICE NOTES
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Whenever a property is sold, outgoings and any income need to be split between the seller and buyer. When a new lease is granted, the rent to be paid by the tenant for the part period between the commencement of the lease and the next rent payment day has to be calculated. When a lease comes to an end before its contractual termination date (perhaps on the exercise of a break clause) the parties need to consider whether part of the advance rent should be refunded and if so, calculate the proper sum. (In such a case, the tenant is only entitled to a refund of rent where the lease contains express wording to that effect (Marks and Spencer v BNP Paribas). For further commentary, see Practice Note: Break clauses and notices—exercising breaks and conditions precedent.) All of these situations involve apportionment. When drafting an apportionment clause, especially in relation to a multi-let property (eg an industrial park, a shopping centre,
GLOSSARY
The division of the cost of any contaminated land remediation action between two or more appropriate persons, after any exclusions have been applied.
CHECKLISTS
THIS CHECKLIST APPLIES TO MULTI-EMPLOYER DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES General • Apportionment arrangements provide an exiting employer of an underfunded occupational pension scheme with an alternative to paying a s 75 debt in full as a result of the occurrence of an employment-cessation event. • There are three types of apportionment arrangement: ◦ scheme apportionment arrangement (SAA) ◦ regulated apportionment arrangement (RAA), and ◦ flexible apportionment arrangement (FAA) • The statutory conditions that must be met by apportionment arrangements are set out in the Employer Debt Regs, SI 2005/678, regs 6B, 6E and 7A, and in the definitions contained in reg 2(1). • The Pensions Regulator (TPR) has issued guidance to help employers and trustees understand the different methods available to deal with s 75 debts, including apportionment arrangements. • If an apportionment arrangement could be detrimental to the ability of a scheme to meet its pension liabilities, the exiting employer and
PRACTICE NOTES
FORTHCOMING CHANGE: Following the announcement at Autumn Budget 2024 on 30 October 2024, unused pension funds and pension death benefits paid out following an individual’s death on or after 6 April 2027 will be subject to IHT. New section 150A of the Inheritance Tax Act 1984 is added by section 66 of the Finance Act 2026, with effect from 6 April 2027. For more information, see Practice Note: Hot topic—the reform of inheritance tax on pensions and News Analyses: Autumn Budget 2024—Private Client analysis — Inheritance tax and HMRC confirms new IHT rules on unused pension funds to apply from 6 April 2027 The calculation and apportionment of inheritance tax (IHT) due on death can be complex, especially taking account of trust interests, chargeable lifetime transfers, the potential mix of exempt and non-exempt beneficiaries, available reliefs and allowances for reliefs, the basic nil rate band (NRB) and the residence nil rate band (RNRB). For further information on calculating IHT on death, see Practice Note: Calculating the inheritance tax (IHT) charge on death,
GLOSSARY
The value ascribed to a life company which is open to new business and is represented by the sum of the embedded value and the goodwill.