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Trade mark licence鈥攃hecklist How to use this Checklist This Checklist identifies the key terms typically included in a trade mark licence. It can be used as a checklist of issues to consider when drafting, reviewing or negotiating trade mark licences. For further information on the legal provisions underpinning trade mark licensing, and the formalities required, see Practice Note: Licensing intellectual property rights. For guidance on the practical points to take into account when drafting a trade mark licence, see Practice Note: Drafting a trade mark licence鈥攁 practical guide. This Checklist can also be adapted for use as a heads of terms to record basic agreed terms while a formal trade mark licence is being negotiated. For guidance on how to do this, see Precedent: Heads of terms鈥攃ommercial contracts. Checklist schedule for proposed trade mark licence Points to consider Further information Notes (if any) (A) Key commercial considerations 鈽 Parties Confirm which entities will be party to the agreement鈥攊dentify which entity owns the trade marks (ie the licensor) and which...
Landlord consent to assignation鈥擲cotland鈥攃hecklist This Checklist sets out the issues that should be considered by a tenant (assignor) of a commercial lease in Scotland. It sets out when landlord consent to assignation is required, whether the landlord is obliged to act reasonably in granting such consent, the form of the consent and assignation and issues that both parties and the assignee should consider in relation to the landlord letter of consent to assignation and the assignation itself. Assignation transfers to the assignee the tenant's (assignor鈥檚) interest in the lease from an agreed date until the termination of the lease. It entitles the assignee to possess the premises on the same terms as the assignor, see: Nature of assignation: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [290]. A style letter of consent to assignation and a style assignation can be found at the Property Standardisation Group (PSG): PSG Leases鈥擬anagement Documentation. Must the assignation be in writing? From 1 August 1995, a written document subscribed to by the assignor is required for...
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Reporting to a lender in an investment real estate finance transaction This Practice Note discusses the key common issues to consider and report to a lender (often referred to as a funder) in an investment real estate finance transaction. It does not deal with solving any title or other issues (see Checklist: Key issues for funder's property lawyers in real estate finance transactions鈥攃hecklist) but focuses on the key concerns for lenders and when to report issues to the lender. Importance of reporting to a lender The lender will have obtained a substantial amount of information regarding the property and proposed business plan from the borrower as part of the early discussions on the availability of a loan and whether the property and any other relevant assets are suitable security. This information will be provided to the lender before the heads of terms are agreed and is used by the lender as the basis for its calculations on the level of finance available and the borrower's ability to...
Rent Act tenancies鈥攖erminating and obtaining possession This Practice Note covers how a Rent Act 1977 (RA 1977) protected tenancy may be brought to an end including by the service of a notice to quit, and sets out the requirements of the Protection from Eviction Act 1977. It also covers the grounds for terminating a Rent Act 1977 statutory tenancy. Tenancies under RA 1977 were replaced by assured tenancies following the coming into force of the Housing Act 1988 (HA 1988). For more information, see Practice Notes: Assured and assured shorthold tenancies鈥攇ranting and Assured and assured shorthold tenancies鈥攖erminating. Consequently, RA 1977 is only likely to apply to residential tenancies created before 15 January 1989. For more information in respect of how to recognise a Rent Act tenancy, see Practice Note: Dealing with Rent Act tenancies. Note that protected and statutory tenancies under RA 1977 are expressly excluded from the provisions of the Renting Homes (Wales) Act 2016 (RH(W)A 2016), so these tenancies have continued and did not become converted...
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Consultancy agreement鈥攃ompany and individual鈥攑ro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant鈥檚 name] [Insert consultant鈥檚 address] [Insert date] Dear [insert consultant鈥檚 name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks鈥 OR months鈥橾 prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks鈥 OR months鈥橾 notice in writing during such fixed period terminating the...
Template replies to CPSE 4 (version 3.3)鈥擲upplemental pre-contract enquiries for commercial leasehold property on the assignment of the lease WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their bespoke replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. Replies to enquiries form part of the contract and it is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as 鈥楴ot to the Seller鈥檚 knowledge鈥, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You must stress to your client the importance of reviewing the draft replies very carefully and, if...
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This week's edition of Share Incentives weekly highlights includes (1) an update from the FCA on its PISCES sandbox framework following proposals in consultation paper CP24/29, (2) a focus on executive pay as the AGM season continues and (3) a new Q&A which considers whether an option holder can claim business asset disposal relief in relation to the sale of shares resulting from their EMI option exercise if a disqualifying event has previously occurred.
Pensions analysis: In the determination of Dr N, CAS-93557-F1X2, the Pensions Ombudsman has rejected a complaint about an additional tax charge caused by the payment of a pension arrears lump sum. Dr N's 2014 incapacity pension application had been initially rejected, but after a successful 2021 appeal, his pension was backdated, resulting in additional tax charges. The Pensions Ombudsman found Dr N was not too incapacitated to appeal the 2014 decision and saw no grounds to extend the three-year limitation period. Martin Scott of gunnercooke LLP looks at the decision.
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