What does Employee Benefit Trust mean? An employee benefit trust (EBT) is a discretionary trust used in employment and rewards practice to hold and apply assets for the benefit of employees and former employees of a company (or its parent) and its subsidiaries, and certain dependants. The employer typically settles funds or shares on independent trustees, who exercise discretion within a specified beneficiary class and in accordance with the trust deed. The term is descriptive rather than a defined statutory concept, though UK tax legislation and HMRC guidance refer to EBTs in the context of third‑party remuneration; in Ireland, employee share ownership trusts...
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This legal due diligence questionnaire concerns the intended acquisition by [ insert buyer name ] (the Buyer) of all issued share capital in [ insert name of target company ], incorporated in England and Wales under number [ insert company number ] (the Company), from [ insert seller name ] (the Seller) (the Proposed Acquisition). It is intended to assist the Buyer, the Buyer’s solicitors and other professional advisers engaged on the Proposed Acquisition in gathering the information the Buyer needs regarding the Company’s or its Group’s employee benefit trust(s) (EBTs), so as to support the valuation of the Company and the appraisal of risks connected with the Company’s EBT(s) (including any employee ownership trusts (EOTs)). Kindly respond to every question in full and without omission. Set out your replies in italics directly beneath each question and supply copies of all pertinent documentation, where applicable, making sure each answer and document is complete, clearly, consistently and accurately identified by reference to the relevant paragraph of this questionnaire. Except where stated otherwise, references to EBTs include EOTs. We reserve the right to raise further enquiries arising from your responses to this questionnaire and more generally...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...