It is assumed for the purpose of this Q&A that the company in question is a private limited company incorporated in England and Wales. A company must keep a number of documents, including its register of members and the index of the names of members, register of directors and register of secretaries, at either: • its registered

It is only possible to have one lease giving the right to possession of premises at a time (though this does not prevent interests in possession being granted out of that lease by way of sub-leases). Therefore, where a lease has been granted, as appears in this scenario in March 1984 for a term of 99 years, a freeholder purporting to grant another lease of the same property will create a concurrent lease, also referred to as a lease of the reversion. The lessee under a concurrent lease becomes entitled to possession following the ending of the occupational lease. A concurrent lease granted after 1 January 1996, when the Landlord

Powers of an executor before the grant of probate is obtained Where a person dies and appoints an executor to administer their estate, executors have very wide statutory powers for the collection, management and distribution of the deceased's assets and discharge of his liabilities. In theory an executor can exercise any of these powers at any time after the deceased's death as his authority is derived from the will which takes effect on death; the grant of

While it is more unusual to conclude a construction contract after the works have been completed, this practice is not unheard of. A contract can take effect retrospectively (Trollope & Colls Ltd and Holland & Hannen and Cubitts Ltd (t/a Nuclear Civil Constructors (a firm)) v Atomic Power Constructions Ltd per Megaw J pp.339; Tameside Metropolitan Borough Council v Barlow Securities Group Services). For example, on some construction projects, the parties may for commercial reasons commence the works under a letter of intent, before a formal contract is finalised. The court have recognised that, if the parties later enter into a formal contract, that contract may in some cases replace the letter of intent and apply retrospectively to the works carried out (see Practice Note: Letters of intent—construction). As for whether a contract intended to have retrospective effect is a ‘construction contract’

This Q&A deals with the question of whether a contract between a company and a third party which is entered into in breach of the company’s articles of association is enforceable. Articles of association The articles of association set out the rules by which a company must be run and administered. The articles comprise the main constitutional document of the company, as from 1 October 2009 the memorandum of a company incorporated after that date has no practical relevance. For more details on the constitution of companies, (including companies incorporated under the Companies Act 1985 or earlier legislation, see Practice Note: A company’s constitution). The articles are effectively a contract between the company and its members and can take one of three forms: • bespoke articles—drafted specifically for the company in question • statutory articles, for example those under the Companies Act 2006 (CA 2006)—the Companies (Model Articles) Regulations 2008 (Model Articles Regs 2008), SI 2008/3229,

Section 106 agreements are agreements between landowners, local planning authorities, and other relevant parties which seek to provide mitigation to overcome planning objections to proposals and make the development acceptable in planning terms. Further information regarding section 106 agreements can be found in Practice Note: Planning obligations—key points. Section 106(1) of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) provides that section 106 agreements may be entered into by ‘any person interested in land’. There is no definition of an ‘interest in land’ for the purposes of TCPA 1990,

It is difficult to envisage any circumstances where a contract would be void or unenforceable for lack of a date. Most contracts are not required to be in writing or signed, and an oral contract almost inherently does not have an express date. The formalities for a contract for the sale of land is governed by section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) of which provides that such a contract can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each. LP(MP)A

The placement of clauses providing for nominal consideration is used in some contracts to fulfil the requirements of consideration. Nominal consideration is the payment of a small amount that is still sufficient for legal purposes but 'nominal' in that it would not be adequate in any commercial sense. A sum of one pound sterling is commonly indicated as the nominal

This Q&A assumes that this is a business-to-consumer contract and that the contract was entered into by the consumer after 13 June 2014. We refer you to Practice Note: Distance, doorstep and on-premises sales, in particular the definitions of ‘distance contracts’ and ‘off-premises contracts’, as set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regulations 2013), SI 2013/3134, reg 5. We also refer you to the guidance produced by Trading Standards: Consumer contracts: distance sales | Business Companion and Consumer contracts: off-premises sales | Business

In answering this Q&A, we assume that the legal document you are referring to is a simple contract executed between two businesses. Practice Note: Executing documents—deeds and simple contracts summarises the law, guidance

In answering this Q&A, we have limited our research to cover only the issue of enforceability arising from signature and assume all arrangements relating the completion by counterparts have been satisfied. We have also assumed that the signature of each party has been incorrectly applied next to the execution block of the other, and that they are not attempting to sign on the other’s behalf. In conducting our research, we have focussed on the validity of signature of a simple form contract not the subject matter of the agreement itself and whether there are prescribed

Powers and duties of co-executors The Q&A envisages that the Will has appointed two or more people to be co-executors. The maximum number of executors that can be appointed is four according to section 114 of the Senior Courts Act 1981. Each executor is under a duty to collect and get in the real and personal estate of the deceased and administer it according to the law and the terms of the Will under section 25 of the Administration of Estates Act 1925 (AEA 1925). The duties involved in administering the estate are the same in respect of all the executors no matter how many are appointed. Each executor has a duty to act in the best interests of the beneficiaries and the estate. See generally: Personal