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NEWS
The Court of Justice of the EU (CJEU) has published a press release to accompany its judgment in C-118/23 Getin Holding and ors in which it addresses the rules concerning the independence of a national resolution authority and actions against its decisions in respect of failing financial institutions, including the requirements concerning a decision to take a crisis management measure under the Bank Recovery and Resolution Directive 2014/59/EU (EU BRRD).
PRECEDENTS
The trustees of the Scheme (the Trustees) have resolved [with the consent of [insert name of person]], in accordance with [insert clause/rule in governing deed and rules permitting
NEWS
On 8 October 2024, Resolution published a report into the interplay between domestic abuse and the treatment of finances on separation and divorce. The report comprises Resolution’s research, analysis and proposals for legal and procedural change.
PRECEDENTS
Ordinary resolution That [insert name of auditor] be removed
PRECEDENTS
That: 1 the [insert name of company] Share Incentive Plan (SIP), the trust deed and rules of which are summarised on pages [insert page number] to [insert page number] of this Notice of General Meeting and are produced to the meeting and
PRECEDENTS
In accordance with s 241 of the Pensions Act 2004, the trustees of the Scheme (the Trustees) have resolved to adopt the member-nominated trustee arrangement attached to this
PRECEDENTS
THIS PRECEDENT APPLIES TO SCHEMES UNTIL 5 APRIL 2016. FOR FURTHER INFORMATION, SEE PRACTICE NOTE: Payment of surplus to the employer—ongoing pension schemes. Background The Trustees of the Scheme passed a resolution in accordance with the requirements of the Pensions Act 2004, s 251 (PeA 2004) on [insert date] (the Existing Resolution) in relation to [the OR all] power[s] to make payment out of assets held for the purposes of the Scheme
PRECEDENTS
Ordinary resolution That [insert name of audit firm] be [appointed OR re-appointed] as
PRECEDENTS
THIS PRECEDENT APPLIES TO SCHEMES UNTIL 5 APRIL 2016. FOR FURTHER INFORMATION, SEE PRACTICE NOTE: Payment of surplus to the employer—ongoing pension schemes. Resolution in accordance with s 251 of the Pensions Act 2004 Resolved by the Trustees: (a) in accordance with the provisions of s 251 of the Pensions Act 2004 (PeA 2004) and all other enabling powers (b) with effect from [insert date] (c) having given notice to members and the employer in accordance with s 6(a) of s 251 (d) being
CHECKLISTS
Resolutions under the Companies Act 2006 The Companies Act 2006 (CA 2006) specifies certain matters that must be effected by ordinary resolution (ie simple majority) passed by the members of a company, eg the removal of a director. CA 2006 also specifies certain matters which must be effected by special resolution of the company or where the relevant threshold for effecting a matter is 75%. For more information about resolutions, see Practice Note: Member resolutions. Not every resolution passed by the members of a company needs to be filed at Companies House. CA 2006, Pt 3, Ch 3 specifies when resolutions are to be filed with the registrar of companies (ie Companies House). The table below sets out resolutions that are required under CA 2006 to be filed with Companies House. Resolution/threshold requirement Matter Regulation in relevant SI/section in CA 2006 Special resolution Any special resolution (for a list of special resolutions, see checklist: Special resolutions and other resolutions requiring 75 per cent member approval under the Companies Act 2006) CA 2006, s 29(1)(a) Unanimity Any
CHECKLISTS
This Checklist sets out those resolutions that require special notice under the Companies Act 2006 (CA 2006). Special notice CA 2006 states that certain resolutions require special notice. Where special notice is required, the resolution is not effective unless notice of the intention to move it has been given to the company at least 28 days before the meeting at which it is moved. However, CA 2006, s 312(4) provides that if a meeting is called for a date 28 days or less after the notice has been given, the notice
PRECEDENTS
Authority to allot shares—no distinction made between different classes of shares (general or specific authority) [ORDINARY OR [INSERT OTHER]] RESOLUTION THAT [, subject to [insert reference to any relevant resolution that sets out pre-emption rights],] the directors are [generally and unconditionally authorised, for the purpose of section 551 of the Companies Act 2006 and generally, to exercise all and any powers of the Company to allot shares and to grant rights to subscribe for, or to convert any security into, shares in the Company to any person, at any time and subject to any terms and conditions as the directors think proper, up to an aggregate nominal amount of £[insert maximum nominal amount] OR specifically authorised, for the purpose of section 551 of the Companies Act 2006 and generally, to [insert details of the specific authority to allot and to grant rights to subscribe for, or to convert any security into, shares in the company, including any conditions that it may be subject to]] and this authority shall: • expire (unless previously varied as to