It is assumed that this Q&A is referring to a written resolution of a company’s shareholders, rather than its directors. When establishing an enterprise management incentives (EMI) scheme, shareholder resolutions may be required for many reasons, including to approve the scheme, to authorise the grant of rights to subscribe for, or to convert any security into, shares in the company (option rights) or the allotment of shares in the company and/or to disapply any pre-emption rights in relation to such grant or allotment. It will vary depending on the circumstances of the case. A private company limited by shares can pass a shareholder resolution as a written resolution in accordance with the procedure prescribed in Chapter 2 of Part 13 of the Companies Act 2006 (CA 2006) or at a general meeting of its shareholders. Any other company must hold a general meeting of its shareholders in order to pass a shareholder resolution. CA 2006 provisions that may apply on the grant of EMI options

Whether or not a zero-hours worker is entitled to statutory maternity leave and pay depends on their employment status, as only a woman who has the status of employee qualifies for the right in each case. The rules that govern entitlement to statutory maternity leave are separate to those that govern entitlement to statutory maternity pay (SMP). Entitlement to statutory maternity leave The right to statutory maternity leave is set out in the Employment Rights Act 1996 (ERA 1996). The detail of the right is set out in the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312. Under these statutory provisions, only women who are employees within the definition in ERA 1996, s 230, ie those employed under a contract of service or apprenticeship, (see Practice Note: Employee status) are entitled to statutory maternity leave. Those with the status of ‘worker’, (see Practice Note: Worker status) but who do not have a contract of employment do not have the right to statutory maternity leave. There

When introduced by the Civil Partnership Act 2004 (CPA 2004), civil partnerships related only to two people of the same sex. However, from 2 December 2019 the Civil Partnership (Opposite-sex Couples) Regulations 2019 (CP(O-sC)R 2019) (the Regulations), SI 2019/1458 are in effect and the eligibility criteria in CPA 2004 amended to allow opposite-sex couples to register a civil partnership in England and Wales. Prior to the introduction of the Regulations the sole ground for the dissolution of a civil partnership is that it has irretrievably broken down, as evidenced by one of the four facts in CPA 2004, s 44(5). Adultery is not included as

Types of privilege Privilege can be asserted over documents which fall into two different categories: • legal professional privilege (ie legal advice privilege and litigation privilege), and • other forms of privilege including common interest privilege, joint privilege, without prejudice privilege, cross-border mediation evidence, public interest immunity, closed material procedures, privilege against self-incrimination and parliamentary privilege For further information, see Practice Notes: • Privilege—general principles — Types of privilege • Legal professional privilege in civil proceedings Application of legal advice privilege Legal advice privilege affords protection to confidential communications between a client/internal agent and a professional legal adviser/in-house lawyer for the sole purpose of giving or obtaining legal advice or assistance on the client’s rights and liabilities and what should prudently and sensibly be done in the relevant legal context. Litigation does not need to be in contemplation. Legal advice

The international recognition of foreign enduring/continuing/lasting/durable powers of attorney is an area fraught with difficulties. The current position is summarised in Practice Note: International issues relating to the protection of vulnerable adults. It may be useful to consider the Practice Note, in particular the section on: Enduring and Lasting Powers of Attorney, and section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3. It can be seen from the above Practice Note that a foreign lasting power is automatically effective in England and Wales providing it satisfies the conditions set out in the Practice

The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118, along with the Building Regulations 2010, SI 2010/2214, are the key regulations for the energy performance certificate (EPC) regime and they implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD directive). In summary, occupiers must obtain an EPC: • when an existing building is sold or rented out • when a building under construction is finished • after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems An EPC gives a property an energy efficiency rating from A (most efficient)

There has been since 2008 an obligation to have an Energy Performance Certificate (EPC) (subject to certain exceptions) wherever a property is built, sold, leased, or marketed for sale or lease. A failure to comply with the requirement to obtain an EPC carries a fine (which for commercial premises depends upon the rateable value and can be up to £5,000). The penalty will not be imposed if more than six months has elapsed from the time when the EPC was required. The remortgaging of a commercial property will not in itself trigger the requirement for there to be an EPC, and as such a mortgage

An energy performance certificate (EPC) is required whenever a building is erected, sold or let. It may also be required when a building is refurbished. The requirements for an EPC: • in relation to the sale, letting or marketing of a building, are set out in and the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regulations) • in relation to construction or refurbishment of a building, are set out in the Building Regulations 2010, SI 2010/2214 (Building Regulations) Whether an EPC is required for a riding school, shed and stables depends on whether they are ‘buildings’. A building is defined

The key regulations governing Energy Performance Certificates (EPCs) are the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regs 2012), as amended, and the Building Regulations 2010, SI 2010/2214, which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU (recast EPB Directive). The EPC Regs 2012 apply to all buildings across England and Wales. An EPC is required when: • an existing building is sold or rented out (EPC Regs 2012, reg 6) • a building under construction is finished (Building Regulations 2010, SI 2010/2214, reg 29(1)(a)) • after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems (Building

An energy performance certificate (EPC) is required whenever a building is erected, sold or let. It may also be required when a building is refurbished. The requirements for an EPC: • in relation to the sale, letting or marketing of a building, are set out in and the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regulations) • in relation

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962 are made under the Energy Act 2011 (EnA 2011) and among other things require landlords of domestic and non-domestic private rented property to comply with certain energy standards in order to be let. The definition of ‘domestic private rented property’ is governed by EnA 2011, s 42 and provides that a property is such if it is let under a tenancy which is an assured tenancy for the purposes of the Housing Act 1988, a regulated tenancy under the Rent Act

From 11 pm on 31 December 2020, EU citizens who are not in scope of the EU Settlement Scheme have been subject to the domestic Immigration Rules. See Practice Note: The points-based immigration system from 1 December 2020 for employment lawyers. Para