A Scottish verdict in criminal prosecutions which is equivalent to an acquittal.

Quick summary It is not uncommon for notices of assignment by way of security to not be served at the time the security is taken, though attempts will usually be made to serve notice if the borrower gets into financial difficulties. Key risks are: • no statutory assignment where the assignment otherwise fulfils the criteria and no notice is served—how important this is will depend on the importance to the lender of it being able to sue in its own name on the particular transaction • certain rights of set-off or cross-claim against the assignor can continue to accrue until notice is served • less control over payments from the counterparty • loss of priority of security (risk with both late and no notice) • impact on assignee’s ability to directly exercise rights of the assignor under the contact • amendment of the underlying contract • practical difficulties with late service of notes • no acknowledgement of assignment Notices of assignment One of the key requirements

Commercial analysis: The Court of Appeal has confirmed that DAZN, the global rights-holder for the FIFA Club World Cup, agreed to sub-license the rights in South Korea in a binding contract concluded by email and WhatsApp. Following an expedited hearing, the Court of Appeal upheld the trial judge’s decision that the parties’ informal exchanges gave rise to such a contract, notwithstanding that they had not signed any documentation (or even agreed formal heads of terms). The Court of Appeal confirmed that DAZN was required to give specific performance of the contract by making the broadcast feed available to Coupang. It further upheld an injunction prohibiting DAZN from broadcasting the competition in South Korea through any third party platforms. In doing so, it agreed with the trial judge’s assessment that DAZN’s own YouTube channel would constitute a ‘third party platform’ for the purposes of the injunction. Written by Craig Morrison KC and Firdaus Mohandas, barristers at Brick Court Chambers, who acted for Coupang in the Court of Appeal.

A commonly used term for Non-Profit Distributing, which can be misinterpreted. Charities may make profit, or surplus, which must be retained for use in pursuance of their objects. It is not distributable to owners or shareholders, as in a commercial business.

Areas where there is not sufficient (or no) broadband access.

This Practice Note explains the role and purpose of a notary, the steps required to notarise a document and the meaning of legalisation. For more detailed guidance, see the following Practice Notes: • Notaries and notarisation—notaries • Notaries and notarisation—notarisation • Notaries and notarisation—legalisation We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents. Each section or phase includes Practical Guidance, Precedent Clauses and Q&As relevant to that section. For more information, see: Execution collection. Notaries A notary is a qualified solicitor, barrister, chartered legal executive or qualifying degree holder whose primary concern is the authentication and certification of signatures and documents, either for use abroad or as copy documents. Notaries undertake the administration and taking of oaths and affirmations and may also carry out certain reserved activities under the Legal Services Act 2007, including commercial and property work, family and private client work (but excluding any contentious matters and conduct of court proceedings). Lawyers and non-lawyers applying to act as

Legalisation Most documents that a notary public or a scrivener notary notarise are intended to be effective in a country or jurisdiction other than England and Wales. Legalisation is where a state, eg England and Wales, certifies to another state, ie the receiving jurisdiction, that the signature and seal of a public officer, such as a notary, are genuine, when checked against their register. The receiving jurisdiction has no way of knowing if the notary's seal and signature are authentic, so the notary's signature and seal may need to be legalised by the Foreign, Commonwealth and Development Office (FCDO) and sometimes also a foreign Embassy, Consulate or High Commission, to authenticate the status of the notary. This process is complicated and differs depending on the receiving jurisdiction's requirements, so specialist advice should always be sought. Legalisation by the Foreign, Commonwealth and Development Office Many states are signatories to the Hague Convention of 5th October 1961 (Abolishing the Requirement of Legalisation for Foreign Public Documents) (the Hague Convention 1961), so that a document may only need to

The Notaries Society has prepared a useful leaflet providing a brief history and describing the work of the notaries profession which is available in English and in several foreign languages. History The notaries profession is the oldest of the three branches of the legal profession in England and Wales having its origins in the civil institutions of ancient Rome. There is little recorded history of the profession in England and Wales prior to 1279 when Pope Nicholas III granted to the Archbishop of Canterbury, the faculty of appointing three notaries within a year. During the reformation, the Ecclesiastical Licences Act 1533 (ELA 1533) transferred to the Archbishop of Canterbury, the power to grant faculties to notaries. The first statutory recognition of the notaries profession was the Public Notaries Act 1801 (PNA 1801) followed by the Public Notaries Act 1843 (PNA 1843), the Courts and Legal Services Act 1990 and latterly the Legal Services Act 2007 (LSA 2007). LSA 2007, s 13 came into force on 1 January 2010 preserving the jurisdiction of the Court of Faculties while

The principles of the notarial act are that it is: • an act of the notary and not of the parties named in the document • a record of a fact, event or transaction • in the form of a document, notwithstanding the form of the underlying document, fact, event or transaction The purpose of the notarial act is to provide authentication in the form of documentary evidence that will be acceptable in the receiving jurisdiction. The notary does this by first providing verification: • verifying the identity of the person who appears before them (the appearer) to a high standard to ensure that the appearer is the party named in the document, so will be bound by the document • verifying the capacity of the appearer to be bound by the transaction, such as the appearer not being a minor or a bankrupt • verifying the authority of the appearer who represents themselves or that an appearer acts as an attorney or deputy on behalf of another or that an appearer is an office holder

Law360 A notary does not breach EU sanctions on Russia when they authenticate the sale of a property owned by a Russian firm, because they act as an independent holder of a public office, an EU court ruled on 5 September 2024.

A notary public is a qualified legal professional who authenticates documents and signatures for use in foreign or cross-border transactions, and certifies facts in a form relied on by courts, registries, and public authorities. In England and Wales and in Ireland, notaries are usually solicitors (or similarly qualified lawyers) with additional notarial training and appointment; in Scotland and Northern Ireland, notaries public are typically practising solicitors with restricted notarial functions unless specially authorised.The role is governed mainly by statute and professional regulation (for example, the Public Notaries Acts and rules made by notarial regulators), rather than a single exhaustive legislative definition. Core functions include: attesting signatures; certifying copies; taking affidavits, oaths and affirmations; preparing and notarising powers of attorney; and issuing notarial acts and authentications for use abroad, often followed by legalisation (apostille or consular).Notaries public are impartial officers of the law, owing duties of independence, verification and record-keeping. Their acts carry evidential weight domestically and internationally, making them central to cross-border commerce, property transactions, banking, shipping and private client matters involving foreign jurisdictions.

[Insert name of company granting EMI options] (Company) Enterprise Management Incentives Scheme (EMI Scheme)—adopting the EMI Scheme and granting the options—next steps GRANT OF OPTIONS Following the passing of the relevant shareholder and/or board resolutions adopting the EMI Scheme and approving the grant of EMI options, the option agreements need to be signed and witnessed by the relevant option holders and signed on behalf of the Company by [two directors or a director and a company secretary OR a director in the presence of a witness]. Where different from the Company, the option agreements also need to be signed by the grantor of the EMI options. Once signed and witnessed by the relevant parties, the option agreements must be dated. The date should be the date on which the final party executes the option agreement. Once the option agreements have been executed, the original should be retained by the Company and a copy should be given to the option holders (together with a copy of the