representation order Definition

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GLOSSARY

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What does representation order mean?

an order authorising payment of legal aid for a defendant;

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Unincorporated associations

Unincorporated associations This Practice Note explores unincorporated associations. It describes the legal framework and structure of an unincorporated association and considers the perceived advantages and disadvantages of operating this vehicle. What is an unincorporated association? An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common purpose • does not operate for the purpose of generating profit (in fact, if two or more persons carry on business for the purpose of making a profit, a partnership will be established and partnership law will apply—see Practice Note: The nature of a general partnership and its legal framework) • is not a separate legal entity from its members and officers, which means that the officers and members are personally liable for the debts and obligations of the association, and • may not enter into contracts, own assets, sue or be sued in its own name Advantages and disadvantages Advantages The key advantages of operating an organisation using an unincorporated...

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Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO)

Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO) This Questionnaire is being furnished to you in connection with an offering (the Offering) of securities by [insert company name] (the Company), under the Securities Act 1933, Rule 506 (the Securities Act). Important Note: Please answer every question. If your answer to a question is ‘Yes’, please provide details in the explanation. Unless otherwise stated, your answers should be given as of the date you sign the Questionnaire. Some questions reference the 'date of the sale' of the securities, which is currently expected to be on or about [insert date]. If your answers to these questions change after the date you return the Questionnaire, you must notify the Company immediately. Please note that certain questions are necessarily broad in scope, so if you have doubts regarding whether something should be included in your response please err on the side of over-inclusion. The Company may have additional follow-up questions for you in connection with the Offering. Once you have...

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If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period is about to expire?

If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period is about to expire? An unincorporated association is not a legal entity and so, in theory at least, cannot sue or be sued in its own name. This was the position set out in London Association for Protection of Trade v Greenlands Limited. The legal position was considered in some detail in Chancellor, Masters and Scholars of the University of Oxford v Broughton. This case involved a campaign by the Animal Liberation Front and associated organisations. The normal way forward would be to obtain a representation order whereby a named member or members or officers of the association would be made parties ‘on behalf of the members of the association’. However, it may not be possible to seek and obtain such a representation order before the limitation period expires and therefore, the potential claimant may wish to know whether it can join...

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