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Incorporating a private company limited by shares—checklist

Incorporating a private company limited by shares—checklist For full details on the incorporation of a private company limited by shares, see Practice Note: Incorporating a company. Matter to be considered or step to be taken Companies Act 2006 (CA 2006) reference (if applicable) Tick box when step complete or matter considered Preparing to incorporate a private company limited by shares Will the company be tailor-made on incorporation or purchased 'off the shelf'? If the company is to be 'tailor made', proceed with the rest of the considerations and steps within this checklist. N/A Who are the initial shareholders (also known as subscribers)? There may be just one subscribing shareholder. CA 2006, ss 9–10 Who are the initial directors of the company? A private company may have a sole director. CA 2006, ss 9, 154 Will the company appoint a company secretary? Private companies are not required to have secretaries. CA 2006 ss 270, 271 Is the company adopting its own, bespoke articles of...

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

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EU trade mark registration—flowchart

EU trade mark registration—flowchart This Flowchart provides an overview of the EU trade mark (EUTM) registration process as implemented by the EU Intellectual Property Office. It covers the key stages of application; publication; opposition; registration; cancellation and expiry. For more information about applying for an EUTM (including use of the fast-track procedure), see Practice Note: EU trade marks (EUTMs). For an example search sheet setting out instructions as to the scope of the clearance searches to be conducted prior to

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Electronic communication and filing of documents by email—CPR PD 5B

This Practice Note considers electronic working (e-working), electronic communications and electronic filing (e-filing) under CPR PD 5B. It deals with the scope of electronic communication and email filing, which communications and documents can be emailed to the court, and the technical specifications for sending emails and attachments to the court under CPR PD 5B.For information on filing documents at court in general, see Practice Note: Filing documents at court in civil proceedings.Scope of electronic communication and email filing under CPR PD 5BCPR 5.5(1) provides that a practice direction may make provision for documents to be filed or sent to the court by a facsimile or other electronic means. CPR PD 5B supplements CPR 5.5 and provides for parties in proceedings governed by the CPR to communicate with the court and file specified documents by email (CPR PD 5B, para 1.1).CPR PD 5B provides guidance on various definitions used within the Practice Direction:•'specified document' means a document which can be sent to the relevant court's specified email address and which is...

Claim form—filing and issuing

This Practice Note deals with filing and issuing a claim form in a claim under CPR 7. For information on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).This Practice Note should be read in conjunction with Practice Note: Claim form—the contents.For information on issuing and filing a claim in the County Court, also see Practice Note: Starting civil claims in the County Court.For information on which court to issue the claim in, see Practice Note: Where to start a civil claim.For information on serving the claim form, see:•in England and Wales—Service in England and Wales—overview•outside England and Wales—Practice Note: Cross-border service—a guide for dispute resolution practitionersWhere to file the claim formFor information on the correct claim form to use, see Practice Note: Claim form—the contents—Which claim form?The claim form, once completed, will need to be filed with the court in which you have chosen to issue the proceedings, together with a request that the...

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Environmental clauses for a facility agreement

Produced in partnership with DLA Piper UK LLP [ These clauses are intended for insertion in a Facility Agreement relating to the operation of a business, which involves the occupation of use of properties. It accordingly assumes the definition of terms which would typically be included in such an agreement, such as ‘Agent’, ‘Business’, ‘Event of Default’, ‘Finance Party’, ‘Legal Due Diligence Report’, ‘Material Adverse Effect’, ‘Obligor’ and ‘Property’.] Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and...

Board minutes—private M&A—share purchase—completion—target

Board minutes—private M&A—share purchase—completion—target Company number: [insert company number] [insert company name] [LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert company name] [Limited OR PLC] (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means]] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg the company secretary, any legal advisers)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [insert name] was appointed Chair of the Meeting. The Chair reported that due...

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In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee?

In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee? The date of commencement of an arbitration under the London Court of International Arbitration Rules 2014 An arbitration in the London Court of International Arbitration (LCIA) is commenced by the claimant delivering the request for arbitration to the LCIA Registrar (the Registrar) (LCIA, Art 1). As this Q&A has identified, the date of commencement of an LCIA arbitration is the date of receipt of the request by the Registrar, subject to the actual receipt of the registration fee as provided by LCIA, Art 1.4. A respondent will learn of the date of the commencement from the LCIA secretariat. As a matter of practice, the LCIA secretariat will notify all parties simultaneously of...

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time?

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time? Criminal Procedure Rule (CrimPR), SI 2020/759, r 34.2 is entitled ‘Service of appeal and respondent’s notices’. CrimPR, SI 2020/759, r 34.2(5) provides as follows: 'Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal— (a) the respondent must serve a respondent's notice on— (i) the Crown Court officer; and (ii) the appellant; and (b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.' The clear inference is accordingly that, where the respondent intends to contest an appeal to the Crown Court, they are required to file a Respondent’s Notice...

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Brazilian Airline GOL files Ch 11 Plan to cut US$2.5bn debt

Law360: Low-cost Brazilian airline GOL Linhas has revealed a proposed Chapter 11 plan after reaching a global settlement with creditors, major investor Abra Group Limited and other stakeholders that would extinguish US$2.5bn in debt before its January confirmation hearing.

Shell beats payment tech providers appeal over QR patent

Law360, London: The Court of Appeal has rejected a payment tech provider's application to revive its patent for printed QR codes in a battle with Shell, ruling that its key idea of having a 'static' code that multiple customers could use was obvious.

View the latest UK Parliament Acts documents on Filing

SCHEDULE 1 Powers of Administrator or Administrative Receiver

Power to take possession of, collect and get in the property of the company and, for that purpose, to take such proceedings as may seem to him expedient.