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Byelaws Practical Law

Details: The note sets out the procedure in England for making a byelaw under section 236 of the Local Government Act 1972 (LGA 1972) and the alternative procedure for certain bye-laws under section 236A of the LGA 1972. The note discusses how a valid byelaw must be reasonable, certain and positive in its terms, consistent with existing legislation and intra vires.

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Doing business in the UK (England and Wales): …

Details: The original intention of the Trading Schemes Laws was to prohibit pyramid selling, and legislate certain restrictions and obligations applicable to multi-level trading schemes to ensure they do not constitute illegal pyramid schemes. However, because of the nature of the drafting, the laws apply to most franchise agreements.

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Rights and protections for whistleblowers …

Details: State laws. Protection for whistleblowers varies between states. Many states provide statutory protection for whistleblowers. Common law protection exists in most states as an exception to the "employment-at-will" doctrine, which usually allows an employment relationship to be terminated for any reason or no reason at all without advance notice.

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UK Home Practical Law

Details: Practical Law provides accurate legal guidance for lawyers. Access practice notes, standard documents, checklists, forms, legal updates, global guides, and more.

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Nuisance Practical Law

Details: Nuisance. A public nuisance arises from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all. A public nuisance is actionable in tort and can also be a criminal offence. A private nuisance usually is …

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Boundaries and boundary rules Practical Law

Details: A practice note explaining the general boundaries rule and the rules for fixing boundaries under the Land Registration Act 1925 and the Land Registration Act 2002. The note also sets out the more commonly used boundary presumptions relating to roadways, hedges and ditches, non-tidal rivers and streams, tidal rivers and streams, lakes and the sea-shore.

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Legal systems in India: overview Practical Law

Details: Statutes are enacted by the Parliament or the state legislatures. At local level, subordinate delegated legislation (such as rules, regulations and bye-laws) is passed by local authorities (such as government departments, municipal corporations, municipalities and gram panchayat).

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Doing business in Switzerland: overview …

Details: These laws apply to both foreign employees working in Switzerland and Swiss employees working abroad if foreign laws allow for a choice of law in the employment agreement. The choice of foreign law is not enforceable if it is seen to violate Swiss public order. For example, if there are very binding provisions of foreign law or punitive damages

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Doing Business in China: Overview Practical Law

Details: In addition, there were laws and regulations enacted in late 2020 which specifically authorise restrictions or prohibitions on doing business with certain foreign persons. On 19 September 2020, the Ministry of Commerce enacted the Provisions on the Unreliable Entity List (UEL Provisions) that lay out a mechanism to assign foreign companies to

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Legal systems in Indonesia: overview Practical …

Details: The draft laws should be signed by the president within 30 days of approval. If this does not happen, the draft laws will automatically become law. Laws that have been approved and ratified are then promulgated in the State Gazette of the Republic of Indonesia.

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Telecommunications regulations Practical Law

Details: Facts.The Regulations implement part of Directive(97/66/EC) (concerning the processing of personal data andprotection of privacy in the telecommunications sector) relating tothe use of publicly available telecommunications services fordirect marketing purposes.Direct marketing is defined in theRegulations as the communication of any advertising or marketingmaterial on a particular line

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Environmental law and practice in Spain: overview

Details: Enforcement of environmental laws is carried out at state, regional and local authority level. At state level, the Ministry for Ecological Transition and Demographic Challenge is the main regulatory body and is divided into the following areas of activity in connection with the environment:

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Banking regulation in the UK: overview Practical Law

Details: This Banking Regulation guide provides a high level overview of the governance and supervision of banks, including legislation, regulatory bodies and the role of international standards, licensing, the rules on liquidity, foreign investment requirements, liquidation regimes and recent trends in the regulation of banks.

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Agricultural law in India: overview Practical Law

Details: Under several state laws (including in Maharashtra and Karnataka), only individuals can acquire agricultural land. In other states (including Delhi, Goa, Bihar, and Tamil Nadu), both individuals and companies can acquire agricultural land for the purpose of carrying out agricultural activities.

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Legal systems in Italy: overview Practical Law

Details: Parliament has the power to delegate the exercise of the legislative function to the government for a limited period. Subject to strict compliance with the principles and guidance outlined by Parliament, the government can issue decrees that have the force of ordinary laws (legislative decrees) (Article 77, …

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Banking regulation in Germany: overview Practical Law

Details: The main element of German banking regulation is the Banking Act ( Kreditwesengesetz, KWG ). It covers, in particular, licensing requirements, ownership control and supervision. For capital adequacy, the main law is now the CRR. Various other laws cover specialised institutions, such as mortgage banks ( Pfandbriefbanken ), building societies

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Outsourcing: India Overview Practical Law

Details: Presently, India does not have any specific laws that deal with business process outsourcing (BPO). However, certain specific outsourcing activities require registration, such as registration as an "other service provider" (OSP) from the Department of Telecommunications (DoT) before commencement of …

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Doing Business in Guatemala: overview Practical Law

Details: Guatemala's laws relating to foreign investment create an open environment for overseas investors. The general rule is that foreign investors can wholly own investment vehicles and real estate in Guatemala free of any legal requirements concerning local partners, co-investors or any restrictions concerning a maximum proportion of foreign shareholders.

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Environmental law and practice in the Russian …

Details: Russia has a federal legal system with environmental matters regulated at both the federal and regional level. At the federal level, this takes the form of codes, laws and subordinate regulations approved by the government and other state bodies. These are supplemented further at the regional level.

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Doing business in Lebanon: overview Practical Law

Details: These laws determine the standards that apply in relation to (among other issues): Minimum wages. Hours of work and overtime. Statutory holidays and annual vacation. Parental, family and sickness leave. Termination of employment, notice and severance.

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Legal systems in Nigeria: overview Practical Law

Details: The legislature is regarded as an assembly of representatives of the people elected under a legal framework to make laws for the good of society. Legislative powers simply refer to the law-making powers of the legislature, which include the power to make new laws, alter existing ones and guard and repeal laws.

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Doing Business in Israel: overview Practical Law

Details: There are various laws that regulate e-commerce. Primarily, the Consumer Protection Law 1981 provides consumers with protection for transactions made at a distance. This law sets out the information that the dealer must provide to the consumer and the manner and timeframe in …

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Doing business in Belgium: overview Practical Law

Details: The notarised articles of association (articles) and bye-laws (incorporation documents) must be filed with the local commercial court. An excerpt of the incorporation documents must be published in the Belgian Official Journal.The company must also be registered in the Central Businesses Databank (Banque-Carrefour des Entreprises), which contains identification information on all individual

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Environmental Law and Practice in Turkey: Overview

Details: Turkish environmental legislation is mainly comprised of national laws, regulations, statutes and decisions. Briefly, environmental legislation regulates the following areas: Waste management. Water quality. Air quality. Treatment of natural resources. Chemicals and genetically modified organisms (GMOs).

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Mining in the United States: overview Practical Law

Details: State laws are generally similar to federal laws in that title to the minerals remains with the state until the minerals are taken from the ground under statutory procedures. By contrast, if the resource occurs on private land, ownership of the surface and mineral estates is a matter of state contract and real property law.

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Environmental law and practice in the United Arab …

Details: The primary legislation for environmental protection in the United Arab Emirates (UAE) is Federal Law No. 24 of 1999 for the protection and development of the environment ( Environmental Law ). Other laws relevant to environmental issues are: Federal Law No. 23 of …

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Doing business in Germany: overview Practical Law

Details: In principle, these laws also apply to foreign employees working permanently in Germany. Even though it is possible to choose the application of foreign laws, such choice of law cannot deprive employees of the protection given to employees by such provisions of German labour law that cannot be derogated from even by mutual agreement.

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Private client law in Pakistan: overview Practical Law

Details: The laws of the testator's domicile are not binding. Death of foreign nationals. 19. Are there any relevant practical estate administration issues if foreign nationals die in your jurisdiction? Non-Pakistani assets can vest in the deceased's heirs under the law of the deceased's domicile. Therefore, Pakistan-resident executors and personal

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Legal Systems in Ireland: Overview Practical Law

Details: The sole and exclusive power of making laws is vested in Parliament (Oireachtas) which debates proposals and enacts legislation in a formal process governed by the Constitution and the Standing Orders of the House of Representatives and Senate.The process in relation to government bills (rather than private members' Bills, which are public general bills drafted on behalf of a member of the

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Pensions Practical Law

Details: Pensions Regulator determinations and section 89 reports tracker. Market and legal trends. Pensions quarterly cases reports. Hot topics. Allen & Overy's pensions in practice reports (archive) Trustee focus (archive) PwC's actuarial insights (archive) Wilberforce Chambers' Comments from …

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Legal systems in Australia: overview Practical Law

Details: The passage of this legislation prohibited the UK Parliament from making laws for Australia other than by consent. The Australia Act 1986 (joint statutes between the UK and Australian Parliaments) broke ties between the UK and Australian Parliaments by ending the UK Parliament's power to make laws for Australia and empowering state Parliaments

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Egyptian employment law and the practical procedures …

Details: Labour laws in Egypt Employment law in Egypt is primarily governed by the Egyptian Labour Law No. 12 of 2003 (Labour Law). The Labour Law governs nearly all employment relationships in Egypt, where the employer is an Egyptian person or entity, including both Egyptian and foreign employees.

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Lending and taking security in South Korea: overview

Details: Following the Asian Financial Crisis in 1997, laws relating to liquidation of assets can be put into effect quickly to clean up financial institutions' distressed assets and, during a clean-up, the debtor's assets can be transferred to the SPV and the SPV's shares can then be issued. However, this is …

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Legal systems in the Russian Federation: overview

Details: The Russian Federation has a civil law system. Russian law includes both codified laws (for example, the Civil Code and the Criminal Code) and other laws which, as a general rule, must be consistent with the relevant codes. Legislation has supreme juridical …

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Doing business in Macau: overview Practical Law

Details: The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade

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Debt capital markets in the UK (England and Wales

Details: The main domestic statute that offers of debt securities must comply with is the Financial Services and Markets Act 2000 (FSMA). EU law. Since 21 July 2019 securities offerings in the European Economic Area (EEA) are regulated by the Prospectus Regulation ( (EU) 1129/2017 ), which repealed and replaced the Prospectus Directive ( 2003/71/EC ).

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Outsourcing: Hong Kong Overview Practical Law

Details: Providers of telecommunications services licensed under the Telecommunications Ordinance (Cap. 106) are required to ensure that outsourced activities comply with applicable laws including personal data privacy laws. As with outsourcing arrangements involving IT and cloud services, data privacy is a …

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Insurance and reinsurance in the United States: …

Details: An officer in each state's executive branch is designated in each state as the chief supervisory official for implementation and enforcement of that state's insurance laws and is called the insurance commissioner, insurance superintendent or insurance director. This official may be elected or appointed by the governor, depending on the state.

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Doing business in Portugal: overview Practical Law

Details: Further to the Labour Code, several other laws regulate important issues, such as parenthood protection (Decree-Law 91/2009 of 9 April), work-related accidents and sickness (Law 98/2009 of 4 September) and health and safety at work (Law 102/2009 of 10 September). Civil servants or public employment relationships are subject to special regulation.

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Public limited company (PLC) Practical Law

Details: Public limited company (PLC) Related Content. A company which has shares that can be purchased by the public and which has allotted share capital with a nominal value of at least £50,000. Not all PLCs are listed companies. For further information, see Practice note, Public companies: Companies Act …

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Legal systems in Hong Kong: overview Practical Law

Details: The Basic Law is similar to a mini-constitution for the HKSAR. It takes precedence over all laws enacted in Hong Kong. Although the Basic Law provides for the continuation of the pre-existing laws in the HKSAR, which include common law, equity, statutory law and customary law, these are …

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Environmental law and practice in India: overview

Details: Most environmental laws, including the HW Rules, refer to the term occupier, defined as the person who in relation to any factory or premises has control over the affairs of the factory or the premises, and includes in relation to a hazardous substance the person in possession of the substance or waste.

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Litigation and enforcement in Saudi Arabia: overview

Details: However, in November 2017, the Capital Market Authority issued amended laws published by Royal Decree No. (M/30) dated 2/6/1424 H, which included a chapter on class actions. The purpose of class actions is to facilitate litigation in cases where the claimant is a large group of persons, all of whom share the same legal issues and facts, as

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Financial crime in the Philippines: overview Practical Law

Details: Generally, and unless the relevant laws provide otherwise, a corporate entity is not subject to criminal liability, except for the imposition of the fine and penalties imposed directly against the corporate entity (Ching v Secretary of Justice, GR No 164317, 6 February 2006).As a rule, the corporation's employee/representative who performs the punishable act(s) are the persons who are

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Gaming in Ireland: overview Practical Law

Details: The focus of the laws and regulations in this area is therefore on the taxation of these entities rather than a detailed treatment of what they can and cannot do. Lotteries. Promoting lotteries is generally prohibited without a lottery permit or licence with the exception of promotional prize draws or small charitable lotteries ( see Question 5

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Family law in Poland: overview Practical Law

Details: The same applies to persons connected by bond of affinity in direct line (immediate family in-laws). Affinity created by a former marriage continues to be considered an impediment to marry. However, if there are important reasons, the guardian court can authorise a marriage between in-laws (Article 14, FGC).

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Construction and projects in Nigeria: overview …

Details: Section 65 of the Insurance Act (Laws of the Federation of Nigeria 2004, Chapter I17) requires every public building to be insured against the hazards of collapse, fire, earthquake, storm and flood. Public building is defined to include tenement houses, hostels, buildings occupied by tenants, lodgers or licensees and any building to which

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Lawtel Practical Law

Details: Online legal information provider offering access to UK and EU case law, legislation and articles.

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