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Checklist for application of a BVI grant Preliminary check Before making an application in the British Virgin Islands (BVI) for a grant of probate or letters of administration , the applicant should obtain at least the following information: • information relating to the deceased: ◦ name ◦ address ◦ domicile as at the date of death ◦ date and place of death ◦ if the deceased has passed away for more than three years, the reason for the delay in grant application ◦ marital status and family members ◦ whether the deceased left a Will; if so, whether the original Will is available; if not, the reason behind it ◦ whether any minority or life interests arise • assets: ◦ details of the BVI situs assets—if it is company shares, the company name, company number, number of shares held by the deceased and name of all company directors are needed ◦ value of the BVI situs assets at the time of application • applicant(s): ◦ name ◦ address ◦ occupation...
Re-registration of a public limited company to a private and unlimited company—checklist This Checklist is a quick guide to the steps to be taken and the documents to be prepared in order for a public limited company to re-register as a private and unlimited company under Part 7 of the Companies Act 2006 (CA 2006), covering: • Preliminary considerations • Documentation • Meetings and procedures • Companies House filings and certificates • Cancellation of listing and trading—additional matters, and • Post-registration matters Preliminary considerations Step Notes/Resources Tick box when step complete or matter considered Is the company fully aware of the implications of the company becoming unlimited? In particular, the members and directors should be aware that:(1) an unlimited company is not required to file accounts with Companies House(2) an unlimited company is not restricted by capital maintenance rules, and, crucially(3) there is no limit on the liability of the members of an unlimited company, so the members must be willing to financially stand behind the company CA 2006,...
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Ireland—Parties to an action STOP PRESS: SI No 14/2025 Rules of the Superior Courts (Guardian ad litem and next friend) 2025 (Ireland) amends Order 15 of the Rules of the Superior Courts (RSC) to provide the procedure for appointment of a next friend for a child plaintiff and of a guardian ad litem for a child defendant. This Practice Note will be updated shortly to reflect the relevant changes. Scope of this Practice Note This Practice Note provides an overview of the types of parties who may become involved (whether as plaintiff, defendant, third parties or notice parties) in civil litigation in Ireland, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, minors, persons who lack capacity, the estate of a deceased party, State parties, notice parties, amicus curaie and litigants in person. This Practice Note also deals with the procedure for joining a party to proceedings, removing or substituting...
Climate change—training materials These training materials contain template PowerPoint slides and associated notes for use by a trainer when introducing the law relating to climate change. Topics covered include: what climate change is and why it is important, the legislative and policy framework, whether current targets are sufficient, how climate change issues affect businesses, climate change and biodiversity - ‘the twin crisis’ and lawyers’ duties and climate change. The training materials are customisable. Click the link to download the PowerPoint presentation. Contents • An introduction to climate change • Legislative and policy framework • Are current targets sufficient? • Climate change and business • Environmental regimes • Climate change and biodiversity – the twin crisis • Lawyers’ duties and climate change Summary This presentation provides an introduction to the law relating to climate change. Purpose of slides/seminar The slides are intended for a general rather than specialist audience. They provide an introductory guide to the law relating to climate change. They cover what climate change is and why...
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Ireland—Notice of an extraordinary general meeting of a private limited company This is a precedent notice of a general meeting of a private company limited by shares. The notice provisions are as follows: • an annual general meeting or an extraordinary general meeting for the passing of a special resolution must be called by giving notice of at least 21 days • any other extraordinary general meeting must be called by giving notice of at least seven days Company number: [insert number] [insert company name] limited (the Company) Notice of Extraordinary general meeting Details of extraordinary general meeting The notice must state the date, time, place and general business of the meeting. Special measures were introduced by the government in August 2020 to mitigate the COVID-19 pandemic’s effect on corporate governance, among the measures introduced was a dispensation which allowed companies in Ireland to hold general meetings virtually, in whole or in part, during the interim period as long as all attendees have a reasonable opportunity to participate...
Ireland—Member’s consent to short notice of a general meeting of a private limited company This Precedent sets out standard wording for the agreement of members of a private company limited by shares to agree to short notice of a general meeting. For details on the notice periods required for general meetings for private companies limited by shares, see Precedent: Ireland—Notice of an extraordinary general meeting of a private limited company. Company number: [insert number] [insert company name] Limited (the Company) Agreement of members to short notice of a general meeting Calling a meeting on short notice A general meeting may be called on short notice if agreed by: • all the members entitled to attend and vote at the meeting, and • the statutory auditors of the company (unless the company has availed of the statutory audit exemption under CA 2014 (IRL), s 360 or CA 2014 (IRL), s 365 Please note that in addition to the above requirement to convene a meeting at short notice, to propose and...
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Do I have time to serve an effective break notice, what form should it take and what is the method of service? Scenario A client has just called to tell me that after some last minute management meetings, they would like to give notice urgently to end the lease of their HQ. The break clause states the following: ‘If the Tenant wishes to determine this Lease on the fifth anniversary of commencement of the Term and gives to the Landlord at least 6 months' prior written notice of that wish, then on expiry of the notice the Term is to cease and determine immediately, but without prejudice to any rights or remedies that may have accrued’ The Term commenced on 1 March 2009. It’s 2.30pm on Friday, 30 August 2013. Can I still serve notice effectively and what should I put in my notice? Timing • Determine what is the fifth anniversary of the Term. If the Term commenced ‘on’ (rather than ‘from’ 1 March 2009),...
Can you provide guidance on whether a company number is more conclusive of identity than the company name? The issue of conclusivity may arise as regards to a conflict between the name and registered number of a company on the face of one or more documents. Such inconsistencies and mistakes may create issues relating to identity, privity and capacity. Problems such as this may arise due to simple typographical errors, or where there are a number of group companies with similar names. Inconsistency within same document On balance, the issue here is perhaps more a question of contractual interpretation than company law. From the point of view of contract law and the intention of the parties, as derived from the line of cases since Investors Compensation Scheme v West Bromwich Building Society (including Chartbrook v Persimmon Homes Limited), contractual provisions will be interpreted in accordance with what the parties are considered to have intended, judged objectively and in the light of the relevant factual background...
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This week's edition of Corporate weekly highlights includes news of two statutory instruments made in connection with the Economic Crime and Corporate Transparency Act 2023, the steps taken to enable sandbox testing in relation to the Private Intermittent Securities and Capital Exchange System (PISCES) and a case considering the conditions to be satisfied before dissenting creditors can be ‘crammed-down’ when a restructuring plan is to be sanctioned.
This week's edition of Corporate weekly highlights includes the CMA’s response to a consultation on restoring trust in audit and corporate governance, the update of Companies House’s guidance to reflect an extended deadline for some same-day filings, the FRC’s new illustrative examples of auditor’s reports, the Climate Disclosure Standards Board’s guidance on how to disclose water-related financial information to investors and details of the High Court’s consideration of the contract interpretation of an equity commitment letter in Lopesan Touristik v Apollo European Principal Finance Fund.
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