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PRACTICE NOTES
There are often legitimate reasons why companies enter into agreements that contain provisions or obligations that risk restricting competition. In particular, this will be the case where arrangements are concluded in order to generate or promote beneficial effects (so-called 'efficiencies') which, absent the restriction contained in the agreements, would otherwise not arise. In general, such efficiencies derive from vertically or horizontally aligned companies working together to achieve something that individually they could not otherwise achieve—or at least not as efficiently (due to financial, technical, and/or logistical issues). Research and development, production, purchase, and distribution/sales activities represent distinct stages in the supply chain—with firms at each stage deciding whether to undertake the given process alone or with others. Where collective rather than individual action is deemed optimal, parties might agree on restraints or obligations deemed necessary to protect an investment in relation to, for example, the development of a geographical market, a technology, a production plant, or an industrial process or, alternatively, to increase the parties' purchasing power vis-à-vis a powerful supplier. More commonly, restraints
PRECEDENTS
From: [insert name and address of individual] To: [insert name and address of photographer] Date: [insert date] This Release relates to photographs of me taken on [insert date] at [insert location and/or event name] (‘Photographs’). In consideration of the payment of [insert amount or form of payment] (the receipt of which I acknowledge) I warrant, confirm and agree with you as follows: 1 You have the irrevocable right to use, publish, reproduce, display or otherwise exploit the Photographs[ for a period of [insert
PRECEDENTS
1 by this power of attorney made on [insert date on which the appointor executes the power of attorney] I [insert name of option holder] (the Appointor) of [insert address of option holder] hereby authorise and appoint [jointly AND/OR [and] severally] [[insert name of attorney] OR any director of [insert name of company] (registered number [insert company registration number]] [ and [insert name of attorney]] of [insert address/addresses of attorney(s)] to be my true and lawful attorney (the Attorney), with authority for me and in my name and/or on my behalf to approve, sign, execute, deliver and complete and do all such acts and things as my Attorney (in the Attorney’s absolute discretion) may consider necessary or desirable in connection with: (1) the option granted to me by [insert name of company which granted the option] (the Company) under a [deed OR agreement] dated [insert date on which the option deed / agreement was executed] over [insert number and class of shares] shares in the Company (the Shares and the Option); and (2) the Shares which are
GLOSSARY
This is a pooled investment vehicle designed as a tax wrapper for groups of smaller investment vehicles, such as unit trusts and open ended investment companies (OEICs). They are a means of investing pension assets in unit and investment trusts in accordance with the member's choice and can be changed according to the individual's preferences over a working lifetime. IPAs are not pension schemes but can be used by occupational pension schemes or personal pension plans for investment purposes.
PRACTICE NOTES
This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law. THIS PRACTICE NOTE APPLIES MAINLY TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES The ability to transfer accrued pension rights from one pension scheme to another is an important aspect of the pensions arena. It is, however, potentially complex and wide-ranging, with varying rules depending upon the exact circumstances of each proposed transfer, including whether the transfer relates to a single member or is part of a bulk transfer exercise and, crucially, the nature of the transferring and receiving schemes. This beginners’ guide provides an overview of the different types of individual pension transfers which can occur. For information on bulk pension transfers, see Practice Note: Bulk transfers between occupational pension schemes. DB transfers from occupational pension schemes Except for certain members whose pensionable service terminated before 1 January 1986, members of DB occupational pension schemes have a statutory right to transfer the cash equivalent value of their scheme benefits to another pension
GLOSSARY
An agreement used obtain the consent from an individual in relation to their performance in a film or television production. The release may extend to their performance and also to any copyright works created by them in relation to the production and usually provides for a waiver of moral rights, confirmation of performer’s consent and assignment of performer’s property rights as well as an acknowledgement of receipt of equitable remuneration.
PRECEDENTS
From: [insert name of individual] of [address] To: [insert name of company] of [address] Dated: [date] Dear [insert organisation name] [insert name of film] (the Film) In consideration of the sum of £[insert amount] now paid by you to me (the receipt of which I acknowledge) I warrant, confirm and agree with you that you and your successors, assignees and licensees shall have the right to record, edit, alter and exploit in whole or in part: 1 any films, photographs and sound recordings made for the Film which feature me including my name, likeness, image and voice; 2 any literary,
PRECEDENTS
From: [insert producer] of [insert address] To: [insert name of individual contributor] of [insert address] Dated: [insert date] Dear [insert name] We are writing to set out the terms which we have agreed relating to [the interview you have kindly agreed to give in relation to [specify individual or events, etc] for inclusion in OR your appearance in] the television programme [tentatively] entitled [insert name of programme] (the Programme). We undertake to pay you the sum of £[insert amount] payable by [specify payment method and timing]. In consideration of our undertaking, you warrant, confirm and agree as follows: • we shall have the right to use the
GLOSSARY
American personal savings plan which provides tax advantages for saving money for retirement.
GLOSSARY
Intended by the government to eventually replace pensions, so as to increase cash flow for the government. Much of its success (in pension terms) will depend on withdrawal of tax neutrality for pension systems.
PRACTICE NOTES
Individual savings accounts (ISAs) are tax-free funds in which UK residents can hold a range of different investments. Originally, these were cash or stocks and shares products held by those over 16 years of age, but in November 2011 the Junior ISA was launched which allows tax-free cash accounts to be set up for the benefit of those under 16. Innovative finance ISAs were introduced with effect from 6 April 2016. Help to buy ISAs were introduced from 1 December 2015 as a tax-free cash account aimed at encouraging first-time buyers to save for a UK residential property. As well as receiving interest on the balance tax-free, the government will supplement the amount saved with a 25% bonus (up to a maximum of £3,000) when the property is purchased. These ISAs are closed to new savers with effect from 1 December 2019, although anyone with an existing help to buy ISAs can keep saving into the account until 30 November 2029. Those who accrued savings in a help to buy ISA before 6 April 2017 could transfer
CHECKLISTS
Statutory right to cash equivalent • Members of defined benefit occupational pension schemes have a statutory right to transfer the cash equivalent value of their scheme benefits to certain other pension arrangements. • Since 30 November 2021, this statutory right to transfer is subject to the satisfaction of either of two conditions set out in the Occupational and Personal Pension Schemes (Conditions for Transfers) Regulations 2021, SI 2021/1237 (Conditions for Transfer Regs). This is to protect members from transfers into fraudulent schemes • The cash equivalent is guaranteed for a period of three months. • The statutory right overrides any conflicting provisions in the scheme's trust deed and rules. • The statutory right applies when a member's pensionable service ends at least one year before normal pension age and the member has accrued rights to benefits under the scheme. • Members who remain in service after pensionable service ends only