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PRECEDENTS
Date: [insert date] Introduction One of the key requirements of the UK General Data Protection Regulation (UK GDPR) is for certain organisations to appoint a designated individual to be the Data Protection Officer (DPO). I have reviewed the requirements in the light of [insert name of organisation]’s activities and this memo sets out my conclusions and recommendations and the factors I have taken into account in reaching them. A brief summary of the UK GDPR requirements relating to DPOs is attached in the Appendix. Factors relevant to [insert name of organisation]’s appointment of a DPO Core activities [Describe the core activities of the organisation, ie the organisation’s primary activities that may involve processing data. Consider, eg whether the organisation is a private entity carrying out a public function in any areas of its work] Controller or processor [Describe whether the organisation is a controller or a processor in respect of the above core activities] Categories of data processed [Describe the nature of the data processed by the organisation, eg is it special category data,
GLOSSARY
Memoranda of understanding are preliminary agreements that precede substantive contract negotiations.
GLOSSARY
Instructions to professional searchers for the preparation of a Search in the Register of Sasines or for the continuation of an existing search
PRECEDENTS
This memorandum is made this [insert date] and records the choice and appointment of [a] new trustee[s] of [insert exact name of charity] registered charity number [insert number] ('the Charity'), a charity comprised [in a declaration of trust OR
GLOSSARY
A memorandum of association is a memorandum reciting that the subscribers wish to form a company under the Companies Act 2006 and that they agree to become members of the company.
GLOSSARY
The memorandum of association is a statement made by the subscribing shareholders saying that they wish to form a company under the Companies Act 2006 and they agree to become shareholders (of at least one share each) of the company.
PRECEDENTS
[To my Attorney(s) named in my EPA/LPA dated …….. AND/OR To the (Digital) Executor(s) of my Will dated ………] Item Access information—eg email address, username,
GLOSSARY
A document setting out the agreement reached by the parties in mediation the terms of which may then be set out in a consent order for the approval of the court.
PRACTICE NOTES
Where more than one enforcement agency is responsible for the investigation and/or prosecution of criminal offences, the authorities often sign a joint memorandum of understanding (MoU). An MoU is an agreement between the enforcing authorities on how they will work together to investigate and prosecute offences together. It is worthwhile for practitioners to become familiar with any MoU in place which covers cases on which they are advising clients to ensure that the investigations are being conducted fairly, transparently and in the manner specified in the applicable MoU. This Practice Note lists some of the MoUs in place between regulators. It is not an exhaustive list. Serious Fraud Office The Serious Fraud Office (SFO) has entered into a large number of MoUs with other regulators and government bodies where their remits overlap. Copies of all the MoUs are published on the SFO website which is available here and include, by way of example, MoUs with the following bodies: • Crown Prosecution Service (CPS), Financial Conduct Authority (FCA), National Crime Agency (NCA), City of London Police,
PRECEDENTS
1 Introduction 1.1 This memorandum has been prepared for those persons who are to be named in the document to be published by [insert name of company] (the Company) as directors or proposed directors of the Company (the Directors) in connection with the proposed admission (the Admission) of the ordinary shares of the Company to trading on AIM, a market operated by the London Stock Exchange plc (the LSE). 1.2 An AIM admission document (the Admission Document) is required to be prepared by the Company in connection with the application for the Admission. The Admission Document will disclose financial and other information about the Company[ and its subsidiaries] and must be prepared in accordance with the requirements of the AIM Rules for Companies published by the LSE (the AIM Rules). 1.3 The Directors (among others) are responsible for the contents of the Admission Document and a statement that each Director takes responsibility for the accuracy of the information contained in the Admission Document must be included in it. 1.4 This memorandum assumes
PRECEDENTS
1 Introduction 1.1 This memorandum has been prepared for those persons who are to be named in the prospectus to be published by [insert name of company] (the Company) as directors or proposed directors of the Company (the Directors) in connection with the application for admission of the ordinary shares of the Company to listing on the Official List of the Financial Conduct Authority (FCA) and to trading on the Main Market of the London Stock Exchange plc (LSE) (the Admission). 1.2 A prospectus is required to be published by the Company in connection with the application for Admission. The prospectus must be submitted to and approved by the FCA before it is published. The Directors (among others) are responsible for the contents of the prospectus and a statement that each Director takes responsibility must be included in the prospectus. 1.3 This memorandum summarises the responsibilities, obligations and potential liabilities faced by the Directors in connection with the publication of the prospectus and has been split into sections covering: 1.3.1 legal and regulatory disclosure requirements
PRECEDENTS
1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted to the equity shares (commercial companies) category on the Official List and to trading on the Main Market for listed securities of the London Stock Exchange (LSE). 1.2 Once listed, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the UK Listing Rules (UKLR), the Disclosure Guidance and Transparency Rules (DTR), the Prospectus Rules: Admission to Trading on a Regulated Market (PRM), the UK Corporate Governance Code, the Admission and Disclosure Standards published by the LSE and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The FCA has the power to fine or publicly censure a listed company in the case of a breach