Appointment Definition

GLOSSARY

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What does Appointment mean?

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

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Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

General meetings (including AGMs)—members’ rights—checklist

General meetings (including AGMs)—members’ rights—checklist The following table summarises and compares the relevant provisions of the Companies Act 2006 (CA 2006) in relation to the rights of members in relation to general meetings (GMs) (including annual general meetings (AGMs)). For more comprehensive information on the provisions see Practice Note: General meetings (including AGMs)—members’ rights. Member right Which company? Type of meeting Voting threshold Limits to provision Action to be taken by company Costs and expenses Requisition a GM and include proposed text of a resolution to be moved (CA 2006, s 303) All companies GM At least 5% of paid-up capital carrying right to vote at meeting. Request must state general nature of business to be dealt with and may include text of a resolution that may properly be moved. Request may be in hard copy or electronic form and must be authenticated. Resolution may not be moved if ineffective, defamatory, frivolous or vexatious. Directors to call GM within 21 days.Meeting to be held no more than 28 days...

Direct marketing compliance—data protection—checklist

Direct marketing compliance—data protection—checklist This Checklist is intended for private sector commercial organisations in the UK. It is intended as a mini self-assessment of your direct marketing systems from a data protection perspective. It reflects the Information Commissioner’s Office (ICO’s) Direct marketing checklist. For each item on the Checklist, further ICO guidance is provided, together with links to relevant UU��ֱ��® tools and materials. This Checklist is not intended for organisations that make live direct marketing calls about claims management services or pension schemes. ICO expectation Additional ICO guidance and UU��ֱ��® materials ☐ Define and allocate responsibility for compliance with data protection legislation and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 when carrying out direct marketing activities or roles You should clearly allocate responsibility for the oversight of data protection when carrying out direct marketing activities.Where appropriate you should have steering groups to monitor performance in data protection and discuss relevant issues.You should have reporting lines and effective links between key roles to ensure a...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....

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Indemnity clause—infringement of third party IP rights (consultant appointment)

Indemnity

Clause appointing second trustee on sale of land by surviving tenant in common

So that the Transferor can give a good receipt for the purchase money, [insert details of sole surviving registered proprietor or estate owner] in exercise of [his

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Can grandparents enter into a parental responsibility agreement?

Can grandparents enter into a parental responsibility agreement? Parental responsibility is defined as all the rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child and their child's property (section 3(1) of the Children Act 1989 (ChA 1989)). Where the child’s parents were married to each other at the time of the child's birth, they each have parental responsibility for the child. Where the parents were not married to each other at the time of the birth, the mother automatically has parental responsibility and the father does not: there is, however provision for the father to acquire it. A mother’s civil partner may also have parental responsibility for a child at birth if certain conditions are met. There are provisions within ChA 1989 for parental responsibility to be acquired after a child’s birth. This may be as a consequence of a parental responsibility order, a parental agreement or another order that also confers parental responsibility. Under ChA 1989 the only people that may...

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative?

How can a conditional fee arrangement be adopted from a litigation friend to a personal representative? Conditional fee arrangements A conditional fee arrangement (CFA) is: • an agreement with a person providing advocacy or litigation services (ie your firm) • that provides for your fees and expenses (ie your base costs and disbursements), or any part of them to be payable only in specified circumstances—usually in the event that your client succeeds in their matter For further guidance on CFAs generally, see: CFA—overview. Litigation friends A litigation friend is required where any of the following persons is party to proceedings: • a person who lacks capacity (P), defined by Court of Protection Rules 2017, SI 2017/1035, r 2.1 and paragraph 2 of Schedule A1 to the Mental Capacity Act 2005 (MCA 2005) as: ◦ any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter...

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Public Law weekly highlights—12 December 2024

This week's edition of Public Law weekly highlights includes coverage of the Northern Ireland Assembly's historic vote to give democratic consent to the continued application of articles 5 to 10 of the Windsor Framework for the next four years, and the Cabinet Office’s new and updated guidance for the Procurement Act 2023. Additionally, these highlights cover the recruitment exercise for the UK judge on the European Court of Human Rights, a speech on judicial review by Mr Justice Fordham, and the DBT’s subsidy control assessment guides for public authorities. This edition further includes Brexit hightlights, Brexit SIs, Post-Brexit transition guidance, Constitutional and administrative law, Equality and human rights, Information law and Other Public law news.

HMT announces independent review of the Payment and Electronic Money Special Administration Regime

HM Treasury (HMT) has announced the launch of an independent review of the Payment and Electronic Money Special Administration Regime (PESAR), introduced by the Payment and Electronic Money Institution Insolvency Regulations 2021. HMT has appointed Adam Plainer to lead the review and published terms of reference setting out its scope. The review will include an assessment of PESAR on individual customers in administration cases where it has been used; the extent to which PESAR would effectively manage the failure of a larger payment firm; the efficacy of cooperation between the HMT, the Financial Conduct Authority (FCA), the Bank of England (BoE), and the Insolvency Service and whether improvements can be made and the effectives of cooperation between UK and overseas jurisdictions. HMT requests that Plainer provide an interim update with initial conclusions by September 2025, with a final report by the end of 2025.

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