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PRECEDENTS
Dear [insert client’s name] I am [insert name and job title of person dealing with the act/omission notification]. I am writing to you to let you know that [insert details of the nature of the act or omission which could give rise to a claim and the reasonably foreseeable consequences. Explain the circumstances of the act/omission to the extent reasonably necessary to allow the client to make informed decisions about
PRECEDENTS
[Insert company name] (the Company) Company number: [Insert company number] [Insert company address] [Insert date] [Insert addressee’s name] [Insert address] Dear [Member OR Debenture holder OR [Insert name of member/debenture holder]] Availability of [document[s] AND/OR [ and ] information] on website We notify you that there is available on the [Company’s website OR website of [insert name of third party hosting the company’s documents and information]] ([insert
GLOSSARY
An organisation that has been appointed by the authorities'>competent authorities of a Member State to conduct conformity assessment procedures in respect of medical devices and verify the conformity of the manufacturer with the requirements of the medical devices legislation. The Notified Bodies are listed on the Commission website.
GLOSSARY
The value of the receivable stated in the notification.
CHECKLISTS
This Checklist outlines the key jurisdictional features of the UK merger control regime and offers practical guidance for assessing whether to voluntarily notify a transaction to the Competition and Markets Authority (CMA), or alternatively, whether a strategic decision might be taken to proceed without notification in the hope of ‘flying under the radar’. Characteristics of the UK merger control system The merger control system of the UK differs from most other jurisdictions in a number of ways: • the UK’s merger control system is generally voluntary and non-suspensory. This means that transactions can generally be closed prior to clearance by the CMA and even prior to notification—including transactions over which the CMA has jurisdiction; ie those that create a relevant merger situation under section 23 of the Enterprise Act 2002 (see further: A 'relevant merger situation' under UK merger rules). However, undertakings designated with strategic market status (and members of their groups) must report certain transactions to the CMA before completion and observe a five-working-day waiting period once the CMA accepts the report as sufficient
PRACTICE NOTES
A statement of capital is a snapshot of a company’s share capital at a given time. The Companies Act 2006 (CA 2006) requires that one must be completed by a company in a variety of situations. Requirement for a statement of capital A company with a share capital must be able to provide any of its members with a current statement of capital on request. In addition, a statement of capital must be filed with Companies House in connection with almost all transactions involving a company’s share capital. Such a statement of capital is incorporated as part of each Companies House form filed upon: • an allotment of shares by a limited company (Form SH01) — where a single Form SH01 is notifying a series of allotments, the statement of capital should reflect the company’s position following the most recent allotment being notified • a consolidation of shares (Form SH02) • a sub-division of shares (Form SH02) • a redemption of shares (Form SH02) • a reconversion of stock into shares (Form
Q&As
The main criteria for an assured tenancy are set out at section 1 of the Housing Act 1988 (HA 1988). That section also provides that a tenancy cannot be assured if it falls within any paragraph of HA 1988, Sch 1 Pt I. One of those excluded tenancies is, by HA 1988, Sch 1 Pt I, para 6: ‘A tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house’. The
Q&As
Part IV of the Road Traffic Regulation Act 1984 (RTRA 1984) governs the ability of a local authority to provide off street parking places and to authorise the use as a parking space of any road within their area (RTRA 1984, ss 32 and 33). The local authority may raise charges in respect of the parking of vehicles in an off-street parking place, and may enter into an arrangement whereby a third party may collect and retain those charges on payment of a lump sum (RTRA 1984, s 33(7)). Charges are governed by RTRA 1984, s 35, whereby the local authority can (subject to RTRA 1984, Sch 9 Pt 1–3) by order make provision as to: • the use of the parking space, and in
GLOSSARY
The amount used in financial instruments to calculate payments due under that instrument. No money is exchanged which is why it is referred to as the notional amount
PRACTICE NOTES
The income tax charges associated with employment-related securities and securities options typically arise upon acquisition of securities, or because an amount of employment income is deemed to arise upon a subsequent chargeable event, rather than as a result of a cash payment. Therefore, often the employer cannot deduct pay as you earn (PAYE) in the normal way. There are special rules requiring an employer to account for PAYE in relation to such notional payments. An additional, penal, income tax charge is imposed upon the employee (or director), and (employer and employee) Class 1 NICs arise, to the extent such PAYE amount is not made good to the employer. Under section 222 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), where an employer: • makes a notional payment to an employee or director • in respect of which the employer is required to account to HMRC for an amount of income tax by way of PAYE, and • which amount the employer is unable to deduct from any payments actually
GLOSSARY
The amount of pension a member would have expected to receive if the scheme had not become insolvent (FSA).
NEWS
Kazeem Akinwale, 45, carried out more than £6m in laundering money and was given a confiscation order on Monday 14 December by the Old Bailey, surmounting to £214,492.38 after a National Crime Agency investigation. Akinwale was arrested previously in April 2016 for a diversion fraud attempt from Christie’s auction house. At Akinwale’s trial, devices seized from him contained downloads of a ‘money launderer’s treasure trove’, including Akinwale’s alias, known as Ola Gapiano, ‘a prolific go-to money launderer for fraudsters across the world’ who had incriminating evidences of ‘laundering fraudulent cash and bank accounts belonging to worldwide victims’. Akinwale was charged for fraud and money laundering and has been jailed for nine years since February 2019. The judge stated if Akinwale fails to pay the total sum within three months, he would spend four more years in prison.