Nominee meaning

ARCHIVED: This Checklist is archived and no longer maintained. CORONAVIRUS (COVID-19) Numerous arbitral organisations have addressed the coronavirus pandemic by issuing practical guidance and adjusting standard procedures and ways of working. To understand how this content and related arbitration proceedings might be affected, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact [Archived] [Archived]. For further information, see: Coronavirus (COVID-19) and arbitration—overview. HKIAC’s Administered Arbitration Rules are widely adopted institutional rules, administered by HKIAC in Hong Kong, and applied globally. This Checklist outlines the arbitration process under the 2013 HKIAC Rules. For guidance on the 2018 HKIAC Rules, refer to the ‘Related documents’. Preliminary steps Determine the available claims and any counterclaims. Assess the scope of the arbitration clause and whether those claims and counterclaims can be resolved by arbitration. Select your preferred arbitrator, either for sole appointment or as your party nominee on a three-member tribunal. Note any prospective limitation issues. ...

In this issue Social care Social housing Public procurement Planning Judicial review Education Healthcare Governance Daily and weekly news alerts New and updated content Social care Direct payments representative not a standard authorisation of property and affairs deputyship—Lumb (SSB) v NHS Humber and North Yorkshire ICB Managing direct payments from a personal health budget as a ‘representative’ under the National Health Service (Direct Payments) Regulations 2013 does not sit within the usual authorisations of a property and affairs deputyship. A health body may appoint a property and affairs deputy as ‘representative’ under regulation 5(4), yet that role extends beyond the remit of a standard deputyship appointment. Likewise, the functions of a ‘nominee’ under the 2013 Regulations are not encompassed by standard deputyship powers. The Court of Protection can, however, make a targeted appointment granting a deputy authority specifically to oversee direct payments in line with the 2013 Regulations. A case manager is an...

Keays (by her litigation friend, Keays) v Executors of the late Parkinson [2018] EWHC 1006 (Ch) What are the practical implications of this case? Executors ought to refrain from personal, ad hominem critiques of a litigation friend’s fitness to act. The ruling also underlines that executors should not seek to foist their preferred nominee to supplant the existing litigation friend, even where there was a prior in‑principle consensus to appoint a professional. Further, in the absence of a Beddoe order, applications of this nature are liable to leave executors and/or beneficiaries personally responsible for both parties’ costs if the application fails, rather than enjoying indemnity from the estate. What was the background? In February 2017, Sara Keays, acting as litigation friend for her adult daughter, Flora, issued proceedings in the Chancery Division under the Inheritance (Provision for Family and Dependants) Act 1975, seeking provision from her late father’s estate. The defendants were the executors of the late Cecil Parkinson, a...

In this issue: Enfranchisement and right to manage Service charges Disputes and remedies Residential tenancies Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary New and updated content Trackers Enfranchisement and right to manage Can qualifying tenants prevent incumbrances created after an unlawful disposal from binding them? (Donovan v Prescott Place) In Donovan v Prescott Place [2024] EWCA Civ 298, [2024] All ER (D) 04 (Apr), a block of flats was sold to a purchaser without the vendor first offering the qualifying tenants the opportunity required by section 1 of the Landlord and Tenant Act 1987 (LTA 1987). The tenants eligible under the Act then obtained a court order pursuant to LTA 1987, s 19(1), directing the purchaser to transfer the building to their nominee company. After completion but before the s 19(1) order was made, the purchaser executed...

When deciding how a deed or contractual agreement should be signed, the execution block to use will vary according to: the type of document (for example, a contract or a deed) who is signing on behalf of the entity (the company itself, an administrator, liquidator, administrative receiver, receiver, nominee or supervisor) Type of document Broadly, documents fall into two groups: agreements/contracts, which require valuable consideration deeds, for which consideration is not needed Deeds are instruments that: state on their face that they are intended to take effect as a deed are properly executed as a deed Because deeds must be executed in the presence of a witness to be binding, they carry a stronger presumption of validity than instruments simply signed by the parties, or those under seal. The witness should ideally be independent (not the party’s solicitor, colleague, spouse, family member, or another party to the deed)...

The company voluntary arrangement (CVA) proposal The CVA proposal sets out the terms of a compromise between a company and its creditors, so it must be thorough and correct. Where the proposal or the surrounding circumstances are intricate, a lawyer should prepare or review the draft to ensure it faithfully captures the intended arrangement. The document must be plain and easy to follow. It should also be fair to the company, its creditors and any other parties affected. This does not require identical treatment for all creditors, but to minimise the chance of challenge, any differential treatment must be defensible (see Practice Note: Challenging the approval of a CVA—unfair prejudice, material irregularity). A CVA can be put forward by: the directors, where the company is not in an insolvency process, or an administrator or liquidator If the CVA concerns a regulated firm (that is, firms authorised under the Financial Services and Markets Act 2000 (FSMA 2000) and firms authorised or registered...

Power to vary a CVA Most company voluntary arrangements include a power to vary, allowing changes if circumstances alter or minor amendments are needed, so the arrangement need not be brought to an early end. This offers a less severe route for creditors, as the CVA may itself state that early termination will oblige the supervisor to petition for administration or a winding-up order. Following the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, a CVA proposal can be amended with the nominee’s agreement in writing, provided that: the nominee is not acting as the company’s liquidator or administrator; and the nominee’s report has not been filed at court under section 2(2) of the Insolvency Act 1986 (IA 1986). Beyond this, there is little statutory direction on varying a CVA once creditors have approved it. A supervisor may seek directions from the court, and any creditor or any other person may apply to the court to challenge an act,...

This declaration of trust is entered into on [ insert date on which this declaration of trust is executed ] by [ insert name of nominee ] of [ insert address of nominee ] [ , a company registered in England and Wales (registered number [ insert company number ]) ] (the Nominee). BACKGROUND (A) On [ insert date on which LTIP Contingent / Matched Award / Option was granted ] (the Date of Grant), [ insert name of Participant ] (the Participant) received a [ Contingent Award OR Matched Award OR Option ] (the Award) over [ insert number and class of shares under award or option ] in the capital of [ insert name of company whose shares are subject to LTIP awards ] (the Company) pursuant to the terms of the [ insert name of LTIP ] (the Plan)...

this declaration of trust is entered into on [ insert date on which this declaration of trust is executed ] by: [ insert name of nominee ] of [ insert address of nominee ] [ , a company incorporated in England and Wales (registered number [ insert company number ]) ] (the Nominee ). BACKGROUND (A) On [ insert date on which LTIP Restricted Award was granted ] (the Date of Grant ), [ insert name of Participant ] (the Participant ) received a Restricted Award (the Award ) in respect of [ insert number and class of shares under Restricted Award ] in the share capital of [ insert name of company whose shares are subject to LTIP awards ] (the Company ) pursuant to the [ insert name of LTIP ] (the Plan ), and, accordingly, all Shares comprised in the Award have been allotted or conveyed to the Nominee to be retained subject to the Plan thereunder...

Power of attorney—private M&A—share purchase—signing—individual seller 1 Appointment and powers I, [insert seller’s name] of [insert address], on [insert date] appoint [jointly and/or severally] [insert name(s) of attorney] of [insert address(es)] as my lawful attorney(s) to act for me regarding the proposed sale of [the entire/a substantial part/[insert %] per cent of the] issued share capital of [insert target company name] to [insert the buyer name] or its nominee (the Proposed Sale). The attorney may approve, execute and sign any deed, agreement, letter, consent or other document required in my capacity as shareholder, including the SPA, the Disclosure Letter, the Tax Covenant and any [lost share certificate indemnity], [pre-emption waiver] or [stock transfer form(s)]; manage shareholders’ meetings and proxies; [grant or withhold consents and sign resolutions]; and [on Completion appoint the Buyer as my attorney until registration as holder of the Shares]. The attorney may delegate to an agent (without onward delegation) and appoint or remove a substitute; I ratify lawful acts and indemnify the attorney; this...

Under the Capital Funding Guide issued by Homes England, where a development lies within a designated protected area (DPA) and benefits from grant, the registered provider (RP) granting a shared ownership lease must include one of two provisions: limit staircasing to a maximum of 80%; or if staircasing beyond 80% is permitted, require the leaseholder to sell their share back to the landlord (or a nominee that is also an RP) at market value when they wish to sell. In certain cases, a local authority can seek a waiver of these conditions from Homes England where the supply of shared ownership homes is no longer constrained. Notwithstanding guidance suggesting one of the above clauses is mandatory for every shared ownership lease in a DPA, our understanding is that the applicable regulations do not impose this where the site has not received grant. For more detail, see: Practice Note: Entitlements under shared ownership leases Housing (Shared Ownership Leases)...

We proceed on the basis that the company concerned is neither a right to manage (RTM) vehicle administering property under the Commonhold and Leasehold Reform Act 2002 (an uncommon scenario, as such entities typically assume management separate from freehold ownership) nor a nominee company established to acquire the freehold collectively under the Leasehold Reform, Housing and Urban Development Act 1993, where the obligations of individual qualifying tenants regarding payment can be governed by a participation agreement. See Practice Notes: Guide to the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 and Quick guide to time limits for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993...