Make available Definition

GLOSSARY

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What does Make available mean?

funds/economic resources are made available for the benefit of a target only if they thereby obtain, or are able to obtain, a significant financial benefit. OFSI says it will apply the normal and everyday usage of those words. The provision of basic economic resources for personal consumption is not likely to be viewed by OFSI as having made them available directly or indirectly to or for the benefit of a designated person.

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Notice of general meeting or annual general meeting—checklist

Notice of general meeting or annual general meeting—checklist Who is entitled to receive notice of general meeting or annual general meeting? Notice of the general meeting (GM) or annual general meeting (AGM) must be sent to: • every member of the company, ie those appearing on the register of members (including those entitled to a share in consequence of the death or bankruptcy of a member, if the company has been notified of their entitlement) • every director of the company, and • the company’s auditors Check the company’s articles in particular for provisions relating to: • giving notices to joint, untraceable or overseas shareholders, and • cut-off dates by which time a member needs to be registered on the register of members to receive a notice. Where a company's shares are held in CREST, a member must be registered in the register of members at least 21 days before the date the notice is sent Form of notice Notice of a GM must be given: • in hard copy...

Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist

Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The DMCCA 2024, Part 4, Chapter 2 (which is not yet in force) removes subscription contracts from the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). This Checklist will be updated for these changes in due course. For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice Note:...

Worker and Temporary Worker sponsor duties: preparing for and attending a Home Office compliance inspection

Worker and Temporary Worker sponsor duties: preparing for and attending a Home Office compliance inspection When can the Home Office carry out a visit or digital compliance inspection? The Home Office is able to carry out compliance visits to the premises of licensed sponsors, or any site under the sponsor's control, at any time, whether announced or unannounced. It may also want to visit addresses where sponsored employees will be or are working (which could include the premises of a third party). Where this may be relevant, they will want to see evidence of arrangements between the sponsor and the third party that would ensure full co-operation by the third party. It is the sponsor’s responsibility to ensure that the third party is aware of the possibility of unplanned and unannounced visits and checks being conducted at their premises, and to ensure their full co-operation. During and after the coronavirus (COVID-19) pandemic, there was an increased use by the Home Office of requesting information and evidence...

Disguised remuneration—the relevant steps

Disguised remuneration—the relevant steps This Practice Note focuses on the meaning of a 'relevant step'. One of the requirements set out in the 'gateway' to the disguised remuneration rules (in section 554A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003)) is that 'a relevant step is taken by a relevant third person'. There are four main types of relevant step: • earmarking cash or assets, or holding them on behalf of someone, with a view to taking a later relevant step by or on behalf of the beneficiary or any other person • giving or transferring cash or assets to a person, or making or writing off a loan • allowing a person to use assets, as if they were their own, and • granting a lease of premises for a period of more than 21 years However, the employer or member of the same group of companies who acts as a trustee or takes steps in relation to an employer-financed retirement...

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‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and [NAME OF SUPPLIER] whose registered address is [ADDRESS OF SUPPLIER] (‘Supplier’, ‘us’ or ‘we’). Under this Agreement, we are providing you with [NAME OF SOFTWARE AND VERSION] with all the content, material or services accessible within the Software and all updates and upgrades to the Software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (‘Software’) and all associated documentation and support resources (‘Documentation’). This Agreement is not for the sale of the Software to you but to grant you a licence which allows you to use the Software and Documentation on the terms and conditions set out below. This means that you do not own the Software and are only allowed to use the Software in accordance with this Agreement. We remain the sole and beneficial owners of the Software and the...

Personal data processing schedule—short form—pro-processor

Personal data processing schedule—short form—pro-processor This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than as clauses in the main body of the agreement, for example due to the length of compliant provisions. It is based on Precedent: Personal data processing clause—short-form—pro-processor. This schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Charges’, ‘Customer’, ‘Services’, ‘Supplier’ and ‘Supplier Personnel’, which are not specific to data processing and which it is assumed are separately defined in the relevant agreement. The Schedule Part A: Operative provisions 1 Definitions 1.1 In this Schedule: applicable law • means applicable law of the United Kingdom (or of a part of the United Kingdom); Controller • has the meaning given in applicable Data Protection Laws from time to time; Data Protection Laws • means, as binding on either party or the Services: (a) the GDPR; (b) the Data Protection Act 2018; (c) any laws which implement or supplement any such laws; and...

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What is the model cancellation form?

What is the model cancellation form? What are the obligations to use the model cancellation form? The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) set out a number of obligations on traders regarding the form that they must provide to consumers so they (eg consumers) can cancel the contract. The CCR 2013, which came into force on 13 June 2014, state at reg 13(1)(b): ‘before the consumer is bound by distance contract, the trader ... must give or make available to the consumer a cancellation form as set out in Part B of Schedule 3.’ The cancellation form in Part B of Schedule 3 to the CCR 2013 is known as the model cancellation form and is set out below. The form only applies where a right to cancel exists. In addition, regulation 32(3) of the CCR 2013 states that the consumer may use the model cancellation form but they are not obliged to do so. Regulation 32(3)(b) of the...

Is the reference to ADR in the Precedent: Website terms and conditions of use still a legal requirement in light of Brexit?

Is the reference to ADR in the Precedent: Website terms and conditions of use still a legal requirement in light of Brexit? Do the Consumer ADR Regulations continue to apply? The Precedent: Website terms and conditions of use mentions disputes being referred to the alternative dispute resolution (ADR) process in clause 16. This is in order to comply with the obligations placed under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 (Consumer ADR Regulations). The Consumer ADR Regulations continue to apply, despite Brexit, subject to amendments made by the Consumer Protection (Amendment etc) (EU Exit) Regulations 2018, SI 2018/1326. The amendments, some of which are significant, are as follows: • the EU ODR Regulation has been revoked and no longer applies in the UK, which means that UK consumers no longer have access to the online dispute resolution (ODR) platform and UK traders are no longer required to provide information about the ODR platform on their websites or in their terms and conditions...

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Local Government weekly highlights—1 August 2024

This week's edition of Local Government weekly highlights includes case reports on Sutcliffe v SSE on a prohibiting order on teaching issues concerning a teacher’s Christian faith and his use of pronouns for students; A Local Authority v P in which the local authority’s application to withdraw protective orders in respect of a vulnerable adult was allowed; Re W and others on implementing a care plan for adoption before expiry of the 21-day period for filing notice of appeal and, finally, dismissal of an application for judicial review of the government’s decision to limit sale and supply of puberty blockers in Transactual CIC v SSHC. The weekly highlights also includes further updates on Education, Social care, Children’s social care, Social housing, Healthcare, Governance, Public procurement and Local government finance.

Court dismisses misrepresentation and deceit claims in supply contract dispute (Advanced Multi-Technology v Uniserve Ltd)

Commercial analysis: The case of Advanced Multi-Technology for Medical Industry v Uniserve Ltd was a dispute arising out of agreements relating to the procurement of Personal Protection Equipment (PPE) including medical masks during the coronavirus (COVID-19) pandemic. It raised a number of contractual issues, including misrepresentation and authority to act on behalf of another individual/entity and to bind them legally. Written by Iain Sharp, partner, and Reema Shour, professional support lawyer, both at Hill Dickinson LLP.

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