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Under Regulation 24 in Part 6 of the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, is it a requirement that an LLP's full registered name is shown on its business cards?
Q&As
The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, SI 2015/17 (the Regulations) require an LLP to display its name at its registered office and other places of business, on business documents and on websites. Regulation 24 contains a list of items upon which the registered name must be disclosed upon. Business cards are not included in the list, but the final bullet
Under Scots law, is it necessary to obtain a licence to raise funds for a charity in a supermarket, or is this not necessary because the fundraising does not occur in a public place?
Q&As
We are aware of the occasional case where local authorities have tried to enforce licensing rules on fundraising within supermarkets, but the legal position is that licences are not required where fundraising
Under The Statutory Auditors and Third Country Auditors Regulations 2016 and the surrounding EU Regulation would it be possible to restrict a company changing an auditor without third party consent?
Q&As
This Q&A appears to relate to the use of so-called ‘Big Four clauses’ in contracts which restrict the audited person’s choice of statutory auditor to certain categories or lists of statutory
Under Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, reg 9A, if an extended period is agreed by the applicant and LPA (and therefore falls within the exception in reg 9A(2)(a)), is the fee not repayable at all, or is it still to be repaid if the application is not determined within the extended timescale agreed?
Q&As
Regulation 9A(1) of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 ('Fees Regs'), SI 2012/2920 (SI 2012/2920, reg 9A(1)) provides that ‘any fee paid by an applicant in respect of an application for planning permission or for the approval of reserved matters shall be refunded to the applicant in the event that the local planning authority fail to determine the application within 26 weeks of the date when a valid application was received by the local planning authority.’ SI 2012/2920, reg 9A(2) states that reg 9A(1) 'does not apply where (a) the applicant and the local planning authority have agreed in writing that the application
Under a Company Share Option Plan (CSOP), Share Incentive Plan (SIP) and Save As You Earn (SAYE), a company that is controlled by the scheme organiser can be included as a constituent company. A ‘company’ is defined as a ‘body corporate’. Would an LLP be a ‘body corporate’ for the above purposes such that an LLP can be a ‘constituent company’ (assuming the scheme organiser controls the LLP)?
Q&As
The legislation governing each of CSOP, SIP and SAYE uses a definition of ‘constituent company’ that includes any other company to which the plan is expressed to extend where that company is controlled by a parent company (Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), Schedule 2 Part 1, paragraph 4(3); ITEPA 2003, Sch 3 Pt 1, para 3(3); ITEPA 2003, Sch 4 Pt 1, para 3(3). All three also define a company as meaning a body corporate (ITEPA 2003, Sch 2 Pt 11, para 99; ITEPA 2003, Sch 3 Pt 9, para 48; ITEPA 2003, Sch 4 Pt 8, para 36). The Limited Liability Partnerships Act 2000 (LLPA 2000)
Under a Rent Act tenancy, where the tenants have vacated the property and removed all items out of the property, is the handing back of keys to the landlord sufficient evidence to bring the tenancy to an end? Could the landlord subsequently enter the property and change the locks?
Q&As
The acceptance of the key by the landlord is not necessarily evidence of a surrender, it depends why the key was accepted. If it is accepted merely for the purpose of attempting to re-let in the interests of the tenant, or to secure the premises against intruders, or to carry out
Under a Tronc policy, can a small reserve of tronc funds be retained to correct any errors previously made, eg so that if there has been an underpayment of tips the reserve funds can be used to make a backdated award?
Q&As
Sections 27C-27Y of the Employment Rights Act 1996 (ERA 1996), inserted by the Employment (Allocation of Tips) Act 2023, require employers to: • pass on all tips and service charges to workers without deductions, except in very limited scenarios, such as deduction of income tax • ensure that tips are distributed in a fair and transparent manner when the employer takes control, or exerts significant influence, over their distribution
Under a Will, the deceased leaves all of their residuary estate to their nieces and nephews, does this include only the deceased's sibling's children or their spouse's sibling's children as well?
Q&As
Nieces and nephews means the children of the testator's brothers and sisters (including those of the half-blood) but not, in the absence of any other indications, the children of the brothers and sisters of a spouse who are nieces and nephews ‘by affinity’ rather than by blood. Nieces and nephews also does not include great-nieces or great-nephews. However,
Under a commercial lease which states that a landlord is permitted to recover legal costs incurred due to a tenant's breach of the lease, would the legal costs claimed have to relate to court action or could they simply be legal costs charged by the solicitors for taking preliminary action (eg writing letters to the tenant to chase up rent) which did not result in a court claim?
Q&As
The lease should be viewed as an ordinary contract and the usual rules of construction will apply. If the term states in clear language that a landlord is permitted to recover ‘legal’ costs incurred due to a tenant’s breach, there is unlikely to be any implied agreement that such legal costs only extend to costs
Under a company data retention policy, should the documents be retained in original, hard copy or electronic copy format?
Q&As
There is no specific regulation governing which documents should be retained in original hard copy format. You should consider the purpose and context of the document to determine how the retention requirements will differ; understanding why each individual document is being retained is the key. Knowing the specific purpose will be helpful for the organisation in making its decision as to whether the original, hard copy or electronic copy need to be retained. Most businesses will retain originals of
Under a lasting power of attorney, can the attorney transfer property to themselves?
Q&As
Whilst MCA 2005, s 9(1) enables the attorney to make decisions concerning the donor's property and affairs, the authority of an attorney under an LPA does not extend to making gifts of the donor’s property. MCA 2005, s 9(4) restricts
Under a lease where a fee is payable by the tenant for any disposition, is a grant of an AST a disposition for the purposes of the lease? Will the requirement to pay a fee on the making of the disposition be subject to an implied requirement of reasonableness?
Q&As
Absent an exception to the covenant requiring payment, it is difficult to see why the obligation would not be engaged. Much depends, of course, upon the wording of the clause and in particular whether any term is specifically defined or is expressed to be subject to exceptions. Quite often there will be a requirement to pay a fee where a landlord has to consider an application for permission to assign or sublet. Although the Law of Property Act 1925, s 144 (LPA 1925) precludes the charge of a “fine” for the giving of consent to an application to assign or sublet, a landlord may still require the payment of a reasonable sum in respect of any legal or other expenses incurred in relation to considering the matter. A sum which bears