The answer to this question will depend on a number of factors and circumstances that will be specific to each situation, including the status of the company, whether the partly paid shares in question constitute a separate class of shares and whether there are other holders of partly paid shares whose payment terms are not proposed to be changed, as well as on the provisions of a company’s articles and any relevant shareholders’ agreement. Companies Act It is worth starting out with section 581 of the Companies Act 2006 (CA 2006), which applies to both public and private companies, and states that: 'A company, if so authorised by its articles, may…make arrangements on the issue of shares for a difference between the shareholders in the amounts and times of payment of calls on their shares.' For further information see Practice Note: Allotment and issue of shares—private companies

Amending a statement of case pursuant to CPR 17 CPR 17.1(1) states: ‘A party may amend his statement of case at any time before it has been served on any other party.’ ‘Statements of case’ are defined in CPR 2.3(1) as including the claim form, and any further information given in relation to them voluntarily or by court order under CPR 18.1. This will therefore include a witness statement in support of the claim form. For

Date of signature v date of commencement The date on which an agreement is intended to commence can be different to the date on which it is signed. Whereas a simple contract takes effect once signed by all parties, a deed will take effect on delivery. If the obligations under the deed are intended to commence or be deemed to commence on a date different to the date of delivery, then this should be made clear in the document itself in a separate commencement clause. The date of the deed is usually stated

Under the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 19.5(3), the Court of Protection has the power to order that a party may recover fixed costs in accordance with a relevant practice direction (COPR 2017, PD 19B). Until 1 February 2011, COPR 2017, PD 19B only applied to solicitors or office-holders in public authorities appointed to act as deputies, but since that date, whilst it is expressed to apply principally to solicitors and office-holders in public authorities, it also provides that the court may direct that its provisions shall apply to other professionals acting as deputies including accountants, case managers and not-for-profit organisations. The court will

The Family Procedure Rules 2010, SI 2010/2955 provide that, unless an application has been made under FPR 2010, SI 2010/2955, 7.19(1) (for the court to consider the making of a decree nisi) a party making an application for a matrimonial order may amend the petition at any time before an answer has been filed and may make a supplemental application at any time before an answer has been filed (FPR 2010, SI 2010/2955, 7.13(2), (3)). In a case where an answer has been filed or an application has been made for decree nisi an amended petition may not be filed except with the written consent of all the other parties or with the permission of

Where it is necessary in some way to amend an application for divorce, there are distinctions to be drawn between a further petition, an amended petition and a supplemental petition. A summary of available applications is to be found in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and PD 7A, para 5A.1. An amended petition might be used to add or amend particulars, allegations or acts which arose before the date of the petition, or to make alterations and additions not connected with the allegations (including, for example, substituting a prayer for divorce instead of judicial separation or stating the birth of a child after the date of the petition). A

Where manuscript amendments are made to a contractual document and the parties intend to be legally bound by them, then all parties (or their lawyers) should initial the amendments as evidence of that intention. Those initialling the manuscript amendments must have the requisite authority to do so and ideally a copy of the authority to make the amendments (eg a board minute) should be kept

We have assumed the company limited by guarantee in question is not a charity, which may be subject to additional regulatory requirements. A statement of guarantee is given by members upon the incorporation of a company limited by guarantee on the Companies House form IN01, and this statement of guarantee forms part of the company’s constitution. The Companies Act 2006 (CA 2006) does not make any provision for the amendment of the amount of the guarantee given by its members and there are no Companies House forms catering for an amended statement of guarantee. However, there is also nothing in CA 2006 to say that the amount of

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) allows an application to be made to the local planning authority (LPA) to carry out development without compliance with a condition or condition subject to which a planning permission was previously granted. The LPA’s consideration of the application is limited to consideration of the conditions to which the original permission was granted and consideration of different conditions. If it considers the original conditions should not be changed, the LPA must refuse the application (TCPA 1990, s 73(2)(a) and (b)). See also Pye v Secretary of State for the Environment. See TCPA 1990, s 100ZA for statutory restrictions on the power to impose planning conditions in England. By TCPA 1990, s 73(5),

It is assumed that: • one of the parties is unable to physically sign the proposed amendment but is able to agree to the amendment in an alternative way • the contract is a business to business contract The criteria for the effective variation of an agreement depend on the way the amendment is made. Variation in writing Written contracts may include a provision requiring any amendment or variation of that agreement to be made in writing and signed by all parties, or their authorised representatives. An example of such a provision can be found in Precedent: Variation clause. In Rock Advertising v MWB Business Exchange Centres, the Supreme Court provided examples of legitimate commercial reasons for including such a clause: • prevention of attempts to undermine written agreements by informal means • where oral discussions can easily give rise to misunderstandings and crossed

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Annulment There are three grounds upon which the court can annul a bankruptcy order: • if it appears to the court that, on any grounds existing when the bankruptcy order was made, the order ought not to have been made (section 282(1)(a) of the Insolvency Act 1986 (IA 1986)) • if it appears to the court that, to the extent required by the rules, the bankruptcy debts and the expenses of the bankruptcy have all, since the making of the bankruptcy order, been either paid or secured to the satisfaction of the court (IA 1986, s 282(1)(b)) • where an undischarged bankrupt enters into an individual

Under section 41 of the Finance Act 2018, first time buyers of residential property where the purchase price is £500,000 or less and who intend to occupy the property as their main home can benefit from relief from stamp duty land tax (SDLT) for certain transactions with an effective date on or after 22 November 2017. In this Q&A, the relief is referred to as the First Time Buyer’s Relief (FTBR). HMRC guidance: Stamp Duty Land Tax: Relief for first time buyers (Chapter 6: Interaction with other SDLT rules) states that where a transaction is liable to the higher rates for additional dwellings in Schedule 4ZA