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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Issues with franchising in an overseas territory—checklist

Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...

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Listed company share buybacks (on-market)—flowchart

Listed company share buybacks (on-market)—flowchart STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024, which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories

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Introduction to IT and procurement

Introduction to IT and procurement Overview of the IT and procurement departments It tends to be large organisations with multiple national offices and/or multinational offices which have a procurement department, normally in order to rationalise the use of suppliers across the different offices, and to be able to benefit from group discounts. They normally deal with all key purchasing decisions across the organisation, such as software and hardware suppliers, and contractors. Occasionally, they get involved in procuring external legal services for an organisation, in particular where large global firms are used across the organisation, but the legal department will usually want oversight of this at the very least, if not full control, in particular because you will generally have a better understanding of the likely costs involved and a better handle on day to day legal cost control. The procurement department typically asks a series of questions when identifying suppliers, as follows: • what is the business requirement, based on the organisation’s strategy? • should the organisation look...

The personal development of in-house lawyers—maximising the return on investment

The personal development of in-house lawyers—maximising the return on investment An overview of the three key items to address in a successful personal development strategy. Personal development is more than training and much more than an annual and half-hearted exercise at ticking a few CPD-related boxes. It is important not just for personal longer-term success, but will help secure some improvement in the team as a whole. This is a long-term commitment that must also be relevant and valid and therefore a commitment that will flex according to feedback and experience. The following are three key themes to address for a personal development strategy to be a success: • there must be a focus on personal (so-called soft) skills that are put into relevant, interesting and practical context for in-house lawyers. Core soft skills for in-house lawyers include collaborative team-working, negotiation, influencing, and presentation • there must be an awareness of

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Power to invest in ethical investments only—clause

Power to invest in ethical investments only—clause 1 Money for the time being subject to this trust and requiring investment shall be invested in the purchase or acquisition of shares, stock, debentures, loan stock or other securities of

Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO)

Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO) This Questionnaire is being furnished to you in connection with an offering (the Offering) of securities by [insert company name] (the Company), under the Securities Act 1933, Rule 506 (the Securities Act). Important Note: Please answer every question. If your answer to a question is ‘Yes’, please provide details in the explanation. Unless otherwise stated, your answers should be given as of the date you sign the Questionnaire. Some questions reference the 'date of the sale' of the securities, which is currently expected to be on or about [insert date]. If your answers to these questions change after the date you return the Questionnaire, you must notify the Company immediately. Please note that certain questions are necessarily broad in scope, so if you have doubts regarding whether something should be included in your response please err on the side of over-inclusion. The Company may have additional follow-up questions for you in connection with the Offering. Once you have...

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Can a part-time, fixed-term or term-time only employee be prevented from working elsewhere during the times they are not working for the employer?

Can a part-time, fixed-term or term-time only employee be prevented from working elsewhere during the times they are not working for the employer? An employee will be under certain implied duties during employment. These will vary depending on the seniority of the employee and whether they are subject to a duty of fidelity or a more onerous fiduciary duty. For further details, see Practice Note: The duty of fidelity and fiduciary duties. An employer may wish to confirm or supplement these implied duties by seeking to restrain an employee from undertaking any business activities other than those of the employer during employment, whether within or outside working hours. For further guidance on these provisions generally, see the section of Practice Note: Restrictions and other express terms during employment entitled ‘Restrictions on other business activities’. Consideration should be given to whether any ban on spare time business activity should be total or partial: • a total ban seeks to prevent any business activity—this would typically be more appropriate for a senior,...

For Tier 1 (Entrepreneur) extension applications, must the full £200,000 be invested, prior to making an extension application?

For Tier 1 (Entrepreneur) extension applications, must the full £200,000 be invested, prior to making an extension application? Under the Immigration Rules, Part 6A, para 245DD an applicant who holds leave as a Tier 1 (Entrepreneur) migrant can apply to extend their leave in the same category. The deadline to make an extension application is before 6 April 2023. When considering the investment of funds requirement for extension applications, para 245DD(b) states: ‘The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.’ The Immigration rules, Appendix A, para 37 is relevant for migrants who hold (or have previously held in the last 12 months before the date of application) entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) migrant. Para 37 refers you to Table 5 in Appendix A. Table 5, in row 1 looks at the investment of funds requirement. It states: ‘The

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What comprises an ‘unregistered company’ under section 220(1) of the Insolvency Act 1986? (East Riding of Yorkshire Council v KMG)

Restructuring & Insolvency analysis: KMG (the Fund) is an investment fund located in and subject to the laws of Luxembourg. The Fund offers the opportunity to invest in dedicated sub-funds. KMG SICAV-GB Strategic Land Fund (the Sub-Fund) was such a sub-fund, concerned in investing in the UK property market. The petitioner is a local council, acting in its capacity as administrator of a pension fund. The petitioner invested in the Sub-Fund. The Sub-Fund was liquidated in Luxembourg. The petitioner presented a petition to wind up th e Sub-Fund (the Petition) pursuant to sections 220 and 221 of the Insolvency Act 1986 (IA 1986), asserting that (i) the Sub-Fund was an unregistered company within the meaning of IA 1986, s 220(1), (ii) it had standing to present the Petition as a contingent creditor; and (iii) the court ought to exercise its discretion to wind up the Sub-Fund. In a judgment handed down in May 2024 (East Riding of Yorkshire Council as administrating authority of the East Riding Pension Fund v KMG...

EA publishes major update to national flood and coastal erosion risk assessment for England

The Environment Agency (EA) has published a significant update to its national flood and coastal erosion risk assessment for England. The new data, incorporating improved modelling techniques and the latest UK climate projections, reveals that 6.3 million properties are currently at risk of flooding from rivers, the sea, or surface water. This represents a substantial increase in the assessed risk, particularly for surface water flooding, which now affects 4.6 million properties. The updated National Coastal Erosion Risk Map indicates that coastal erosion risk is expected to impact 3,500 properties by 2055, rising to approximately 10,100 by the end of the century. These assessments will inform future flood resilience planning and investment strategies.