Acting for a charity — initial matters to check Trustees Confirm the identity of the current charity trustees. Check previous deeds of appointment and retirement to confirm the validity of previous changes. Do the current trustees have any apparent conflicts of interest? Trust instrument Read the trust instrument and confirm the powers conferred by it. Note any express restrictions on the exercise of those powers. Note if any of the charity’s land is functional, designated or in specie land. Land and leases Identify the charity’s land holdings and: • confirm that title to all the charity’s land is up to date. Have any necessary deeds or transfers been executed following a change of trustees, or is statutory vesting being relied on? Verify due execution of all documents • confirm that appropriate restrictions have been entered on the title register • confirm (so far as possible) that the land was acquired with due authority and review all leases under which the charity is either landlord or tenant. Note any onerous obligations. Have appropriate notices been given after any previous assignments? Management

ARCHIVED : This Practice Note has been archived and is not maintained. The Transatlantic Treaty Investment Partnership (TTIP) The Transatlantic Treaty Investment Partnership (TTIP) is meant to be a comprehensive trade and investment agreement between the EU and the US—if passed, it would establish the ground rules for almost all aspects of trade and investment between the US and the EU. It would also liberalise trade in most goods, making it duty-free between both trading areas. This essentially means that EU goods would not pay duty on import into the US, making EU goods cheaper within the EU. In the other direction, US goods are now cheaper in the EU, and so will compete more strongly with EU produced goods (see News Analysis: Should civil society be concerned by the TTIP?). While there have been objections to TTIP on several grounds the one that has attracted the most attention concerns the Investor-State Dispute Settlement (ISDS) provisions against which there have been many allegations including that it is

Transcarceration describes the movement of individuals between different forms of state control and confinement, rather than their release from it. In legal practice across England and Wales, Scotland, Northern Ireland and Ireland, it commonly refers to people shifted between prison, immigration detention, secure hospitals, secure children’s homes, approved premises, community justice settings and other closed or highly supervised environments.The term is not usually defined in legislation or case law; it is a descriptive, criminological and socio‑legal concept increasingly used in sentencing, penal policy, mental health law, youth justice and immigration detention commentary. It is relevant when assessing whether apparent “decarceration” (for example, diversion from prison to secure mental health facilities) in fact maintains or expands overall systems of detention and supervision.For legal practitioners, transcarceration is significant when advising on proportionality, human rights impacts (particularly under the ECHR and the Irish Constitution), conditions and lawfulness of detention, and equality implications for groups disproportionately subject to multiple forms of confinement. Usage and meaning are broadly consistent across the UK and Ireland, although the specific statutory frameworks (e.g. mental health, immigration, youth justice and public protection regimes) vary by jurisdiction.

1 Guarantee 1.1 Definitions In this clause, the following [additional] definitions apply: Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings; Guarantor • [name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at]

This Agreement is made on [insert date] Parties 1 The persons listed in Schedule 1 (the Partners) trading as [insert partnership name] (the Partnership); and 2 [insert full name of LLP] LLP, incorporated in England and Wales under number [insert registered number] whose registered office is at [insert address] (the LLP), each of the Partners and the LLP is a Party and together the Partners and the LLP are the Parties. Background (A) The Partners currently carry on the Business as a general partnership under the Business Name and wish to convert the general partnership into a limited liability partnership. (B) Each of the Partners is a member of the LLP and intends to carry on the Business through the LLP as a going concern from the Transfer Date. The parties agree: 1 Definitions and interpretation 1.1 In this agreement: Assets • means the following assets, properties and rights of the Business to be transferred to the LLP pursuant to clause 2: (a) the Goodwill; (b) the Cash; (c) the Book Debts; (d) the Business Intellectual Property Rights; (e) the benefit (subject to the burden) of the Contracts; (f) the Third Party Claims; (g) the Properties; (h) the Records; (i) the Systems; (j) the Plant and Equipment;

1 Definitions Documents the documents listed in Schedule 3; Plan the plan annexed to this transfer; Retained Land the Transferor's land shown edged [blue] on the Plan; Service Media the conduits and equipment used for the reception, generation, passage and/or storage of Utilities; Utilities electricity, gas, water, foul water and surface drainage, [heating,] [ventilation and air-conditioning,] [smoke and fumes,] signals, electronic communications and all other utilities. 2 Transfer 2.1 The Property is transferred together with the rights set out in Schedule 1 but excepting and reserving to the Transferor the rights set out in Schedule 2. 2.2 [The Property is transferred subject to [and (where appropriate) with the benefit of] the matters contained or referred to in the Documents.] 3 Restrictive covenants The Transferee so as to bind

Panel 4—Transferor [insert name of the registered proprietor][(in [liquidation OR administration])] (the ‘Transferor’) acting by [any one of] the [joint] receiver[s] of the Property, [insert name of [first] receiver] of [insert address][and [insert name of second receiver] of [insert address]] (the ‘Receiver[s]’) [insert name of the registered proprietor] Panel 8—Consideration The Receiver[s

[insert name of the registered proprietor] (in administrative receivership[ and also in liquidation]) (the ‘Transferor’) acting by [any one of] its [joint] administrative receiver[s][insert name of [first] receiver] (Insolvency Practitioner) of [insert address][and [insert name of second receiver] (Insolvency Practitioner) of [insert address]] (the ‘Receiver[s]’) Panel 9—Title guarantee The Transferor, being a company

[insert name of the registered proprietor] in administration) (the ‘Transferor’) acting by [any one of] its [joint] administrator[s], [insert name of [first] administrator] (Insolvency Practitioner) of [insert address] [and [insert name of second administrator] (Insolvency Practitioner) of [insert address]] (the ‘Administrator[s]’) Panel 9—Title guarantee The Transferor, being a company in administration, gives no

[insert name of debtor and other registered proprietor[s]]. Panel 11—Additional provisions I [insert name of trustee

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature. For news and guidance as to the implications from a property perspective see: Coronavirus (COVID-19)—implications for property — Property Insolvency. Panel 4—Transferor [insert name of the registered proprietor] (in liquidation) (the Transferor) acting by [any one of] its [joint] liquidator[s], [insert name of first liquidator] (Insolvency Practitioner) of [insert address][and [insert

[insert name of trustee in bankruptcy] who is the trustee in bankruptcy of [insert name