The articles of association and any proxy notice should be reviewed in relation to requirements for adjourned meetings. Typically, the articles will provide that the same quorum will be required for the adjourned meeting as for the original meeting and proxies remain valid. See Practice Note: Quorum requirements for general meetings (including AGMs). The Companies (Model Articles) Regulations 2008 (Model Articles Regs), SI 2008/3229, reg 45(4) for private companies says: ‘(4) Unless a proxy notice indicates

Immigration Rules, Part 5, para 159A sets out the requirements for leave to enter to be granted as a domestic worker in a private household. Immigration Rules, Part 5, para 159A(iii) provides that the applicant must be accompanying: • (1) a British or EEA national employer (or their employer’s British or EEA national spouse, civil partner or child), where the employer's usual place of residence is outside the UK and where the employer does not intend to remain in the UK beyond six months • (2) a British or EEA national employer’s foreign national spouse, civil partner or child where the employer does not intend to remain in the UK beyond six months • (3) a foreign national employer or the employer's spouse, civil partner or child where the employer is seeking or has been granted entry clearance or leave to enter under Immigration

We refer you to the attached extract from 624. Corporations as executors which confirms: A company or other corporate body may be appointed executor but cannot itself take a grant unless it is a trust corporation—see

This Q&A assumes that the partnership in question is a general partnership and that the provisions of the Partnership Act 1890 apply, except to the extent any partnership agreement varies such provisions. It is possible for a partner in a general partnership to leave the value of their interest in the partnership by Will to any person or body, including the trustees of a trust, but there are several important elements to consider in relation to the death of a partner in a general partnership which should also be considered, including (i) will the partnership continue following the death of the partner, (ii) how to calculate and assign the outgoing partner’s interest in the partnership property and (iii) whether a new partner will be admitted. Each element should each be dealt with separately and any specified consents and procedures in the partnership agreement should be adhered to. In relation to the first element, it should

As a general rule, it is possible to grant security over receivables as a chose in action. A chose in action is an asset or sum which is recoverable by legal action rather than something which can be physically possessed or which the chargor has absolute title to. For further information on the security options available in respect of receivables, please see Practice Note: Taking security over receivables. Security over receivables can be either fixed or floating. For an explanation about the difference between fixed and floating security,

Adding parties under CPR 19.2(2) It is possible for a party to be added to a civil claim in which they have an interest. Under CPR 19.2(2), the court may order any person to be added as a new party if it is desirable to add them so that the court can resolve all the matters in dispute in the proceedings or, under CPR 19.2(2)(b): ‘there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue’. The

As a general rule a value added tax (VAT) registered business: • must charge VAT on supplies of its goods and services (output VAT), if those supplies are standard-rated for VAT purposes, and • may recover VAT it has paid on business related goods or services (input VAT) subject to meeting certain conditions VAT invoices must be made out to the person who is the recipient of the supply. Subject to this it is permissible for a supplier to issue a VAT-only invoice and for the invoice to show that it is ‘payable by’ a third party. It is also possible for the recipient of a supply to pay the whole (VAT-inclusive) amount and recharge the VAT element to a third party. In both cases, it will be necessary

Lasting powers of attorney The Q&A envisages that the lasting power of attorney (LPA) would be executed here in accordance with the provisions of section 9 and Schedule 1 to the Mental Capacity Act 2005 (MCA 2005). For more information, see: Lasting powers of attorney—overview. Under MCA 2005, s 9, an LPA confers on the donee(s) authority to make decisions about all or any of the following: • the donor’s personal welfare or specified matters concerning the donor’s personal welfare, and • the donor’s property and affairs or specified matters concerning the donor’s property and affairs The LPA can be limited in form to specific circumstances. The government’s

A person may be granted leave to remain in the UK either for a limited or for an indefinite period (section 3(1)(b) of the Immigration Act 1971 (IA 1971)). Indefinite leave is also referred to as settlement. The Immigration Rules govern the general practice to be followed when regulating leave to remain decisions in the UK. The Immigration Rules, Part 9 sets out general grounds for refusal for grants of leave. The Immigration Rules, Part 9, para 9.4.1(a) provides that an application for leave must be refused where the applicant ‘has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more’. For more information on this and the changes that came into force in 2020, see Practice Note: ‘Suitability and previous conduct’. The

A limited company may buy back shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. This is known as a share buyback or a purchase of own shares. For an introduction to share buybacks, see Practice Note: How to carry out a share buyback. Deferred payment for shares bought back Shares that are bought back (other than by a private limited company for the purposes of, or pursuant to, an employees' share scheme) must be paid for on purchase pursuant to CA 2006, s 691. The equivalent provisions of the Companies Act 1985 (CA 1985), sections 159(3) and 162(2) (now repealed), have been interpreted by the court as meaning deferred consideration for a buyback of shares is not permitted including, in particular, payment in instalments (Pena v

When a private limited company is given one of its own shares as a gift, assuming that share is fully paid, it is an acquisition of that by the company otherwise than for valuable consideration for the purposes of section 659(1) of the Companies Act 2006 (CA 2006). Such an acquisition falls outside the regime that would otherwise govern a share buyback as set out in CA 2006, Pt 18, by virtue of CA 2006, s 658. For more information on acquisitions otherwise than for valuable consideration, see our Q&A: How can a private limited company acquire its own shares for no consideration

Commentary: Rights in flowing water at common law: Halsbury's Laws of England [110] states: ‘Although certain rights as regards flowing water are incident to the ownership of riparian property, the water itself, whether flowing in a known and defined channel or percolating through the soil, is not, at common law, the subject of property or capable of being granted to anybody. Flowing water is only of public right in the sense that it is public or common to all who have a right of access to it.’ Water which has been appropriated or taken into possession from a known and defined