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Procedural guide—divorce proceedings (post-DDSA 2020) The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Divorce proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). This document covers the position for proceedings issued on or after 6 April 2022. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. See Practice Notes: Commencing divorce proceedings and drafting the petition (pre-DDSA 2020) and Filing the divorce petition...
Checklist for Notice Inviting Offers This Checklist sets out the information required to be included in a notice of intention to award to the Chosen Provider under the Most Suitable Provider Process to be sent to the UK e-procurement’s service to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 11(4), Sch 8. Information to be included Further reading Contract title and reference Description of the relevant health care services, including the most relevant CPV code See PSR Regs 2023, SI 2023/1348, Sch 1 and Practice Note: Health care procurement under the Provider Selection Regime—What services fall within the scope of the PSR? Intended / estimated dates between which the services must be provided and the duration of the contract, including
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Listed public company calling a general
Listed public company calling an annual general
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Wales: Land transaction tax (LTT)—administration and compliance Land transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. This Practice Note highlights the administrative and compliance issues in relation to LTT including: • filing returns and payment • managing and collection of LTT by the Welsh Revenue Authority (WRA) • amendment and correction of returns • enquiries • assessments • penalties Where relevant, comparisons between LTT and SDLT are highlighted. The Practice Note expands on the basics of LTT set out in the Practice Note: Wales: Land transaction tax (LTT)—the basics. Provision for LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017). Statutory references are to the LTTADT(W)A 2017 unless stated otherwise. Administration LTT is administered by the WRA. The WRA is a non-ministerial department of Welsh Government with its own board and staff. The WRA is headquartered in Merthyr Tydfil. LTT returns When a notifiable land transaction has been entered...
Tacking further advances to existing security Creating effective security is the first step in improving a creditor's position. Once that is done, it is then necessary to ensure that the security will take priority over competing security interests in the same asset. The rules governing priority of security interests are generally discussed in Practice Note: Priority between security interests. There are additional potential pitfalls relating to priority which a secured creditor needs to be aware of if it intends to make further advances (ie further loans) to the borrower under a loan agreement. In commercial transactions, further advances are very common in the context of term loan facilities which permit multiple drawdowns and revolving credit facilities (see Practice Note: Overdrafts, term loans and revolving credit facilities). This Practice Note looks at what is meant by 'tacking', before looking in detail at the relevant rules and the impact on priority. It also looks at practical steps that can be taken to protect the priority position of a...
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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...
Letter of representation for a single or multiple corporate representative(s) to attend a general meeting of a private company or unlisted public company To: The Directors [insert company name] [Limited OR PLC] [insert address of company] [insert date] Letter of representation: [insert name of corporate shareholder] [Limited OR PLC] (the Company) We, being the holders of [insert number of shares][ ordinary] shares of £[insert value] each in the capital of [insert name of company] [Limited OR PLC], notify you that [insert name of corporate representative] has been appointed as corporate representative of the Company pursuant to a resolution of the board of the Company dated [insert date] (the Corporate
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How might a public company hold an electronic general meeting (including an AGM)? Electronic general meetings (including AGMs) 2016 saw the first entirely electronic AGM held by Jimmy Choo plc. Electronic general meetings are likely to be attractive to certain companies given the perceived ease of access and participation for members, as well as the potential cost savings from not holding a physical meeting. Research carried out by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute) in August 2016 revealed significant investor appetite for more electronic AGMs. However companies must take care not to alienate other, perhaps more traditional, shareholders. This will most particularly be the case if the company opts for wholly electronic meetings as opposed to a mixture of formats. Lexis+® UK Corporate, via its Market Tracker deal analysis tool tracked this trend during the 2017 AGM season to see if other companies were following suit (see AGM season 2017—Market Tracker Trend Report [Archived]). Amendment of the articles Jimmy Choo, at its...
How should a company prepare for a general meeting? Ahead of a general meeting (GM) the company secretary should: • confirm the date of the meeting with the board, registrars, advisers and others required to attend • estimate the number of attendees • organise and book a suitable venue with sufficient rooms and facilities • have in place contingency plans in the event that the venue is not large enough or otherwise inadequate for the GM or AGM (eg consider the use of overflow rooms) • arrange for all necessary electronic audio and visual equipment to be available at the venue • organise refreshments for attendees • if relevant, make necessary arrangements for: ◦ the GM or AGM to be recorded, eg by webcast, and/or ◦ a transcript of the GM or AGM to be taken • Check for, and comply with, any provisions in the company's articles of association relating to security arrangements, in particular if a difficult meeting is anticipated (see ...
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A round-up of EU competition law developments, including (amongst other things) (1) the General Court’s judgment largely dismissing action against Commission’s infringement decision regarding cartel in sector for suprasovereign bonds, sovereign bonds and public agency bonds denominated in US dollars, (2) Corning faces Article 102 probe by the Commission, (3) the General Court dismissing further appeals in Madeira State aid scheme, and (4) the General Court dismissing action against Commission’s decision to approve aid granted by Romania to TAROM to provide compensation for the damage suffered owing to COVID-19.
This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.
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