Tag: agreement.

Known Donor Agreement #how #to #donate #car


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Known Donor Agreement

When a woman finds a donor through a sperm bank, she does not need a donor agreement. Typically called an unknown or known donor, this man will have signed an agreement with the sperm bank and surrendered any parental rights in the process. As a result, the woman does not have to worry that this man may later change his mind and try to claim that he is the father and deserves visitation or even custody of the child. Even if he does, there is little chance he will have any legal ground to stand on.

In contrast, when a woman wishes to become pregnant through a known donor, such as a friend or an acquaintance, there is a greater risk that the donor may later claim a parental relationship to the child. In such situations, attorneys highly recommend that a woman consult an attorney and that both she and the prospective donor sign a donor agreement before she begins the process of donor insemination. This agreement is designed to define the role and responsibilities, if any, the man will have with the child.

Generally speaking, there are two types of donor agreements: One that is used in counties or states where second-parent adoption is available, and one in counties or states where second-parent adoption is unavailable. Both forms are provided here with this difference between them: Where second-parent adoption is available, the agreement states that the donor agrees in advance to consent to the adoption by the second or nonbiological lesbian parent and agrees to the termination of all parental rights of his own. (Some states allow the donor to have some diminished role in the child s life, if requested and agreed upon.) Attorneys consider this the preferred agreement if the choice is available to you.

To find out if second-parent adoption is available in your area, see the Second-Parent Adoption article.

Whichever form you use, it should be noted that this area of the law is extremely fluid, and it is difficult to predict whether a particular judge will honor such an agreement. In some situations, for example, men who have signed such agreements have later changed their minds, sought a parental role in the children s lives and judges have granted it – essentially declaring that they were the legal fathers, despite the agreement they signed with the mothers.

You also should note that donor insemination laws vary from state to state. For example, in some states, you are required to be under the care of a physician. Your attorney can tell you if this is required where you live.

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JustGiving and HMRC in agreement over restoring lost Gift Aid on ‘family donations’ #non

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JustGiving and HMRC in agreement over restoring lost Gift Aid on ‘family donations’

JustGiving and HMRC in agreement over restoring lost Gift Aid on ‘family donations’

Online giving site JustGiving has reached an agreement with HMRC that will see thousands of charities regain Gift Aid income that had been rejected by HMRC because it appeared to come from more than one family member.

JustGiving, along with other charities, experienced a sudden rise in rejections of Gift Aid submissions to HMRC towards the end of 2015, the result of more stringent application of regulations. Evidence of ‘family donations’ or ‘social giving’ was taken to indicate that the donation was not made out of taxed paid by one individual, and so did not qualify for Gift Aid.

Multiple names triggered Gift Aid rejections

JustGiving’s site, which encourages donors to leave public messages of support, was found to contain messages such as “with love from Mum and Dad’. These could be taken to indicate that the donation was made jointly and not by an individual tax-payer and therefore would not qualify under Gift Aid. Similarly, posting two names in the message box sender field was interpreted in the same way.

Indeed, the giving service was instructed to apply this stricter definition retrospectively, with the result that the Gift Aid element on earlier donations was cancelled, resulting in charities finding that their anticipated income had suddenly dropped.

It quotes one donor who donated £300 at Christmas to a hospice that had cared for his son who found his £75 Gift Aid payment had disappeared from the giving page. He said:

Of course I m going to write my wife s name on a message to our son. We are his mum and dad. But that shouldn t mean my donation isn t eligible for Gift Aid — I was donating my money from my bank account that I d earned and paid tax on.

Resolution

JustGiving has worked with HMRC over 15 years, since it first started handling online Gift Aid declarations. HMRC assured it that the crackdown was not limited to online donations or sites that promoted ‘social giving’, but was part of a sector-wide attempt to improve the way Gift Aid was applied.

Fortunately, JustGiving and HMRC have now reached an agreement that will result in many of these previously rejected Gift Aid declarations being accepted. JustGiving was able to present HMRC with feedback from donors and charities on why people chose to mention more than one name in their comments.

Up to four names of linked family members accepted

A temporary lifting of the family name restriction has now been agreed. This means that JustGiving will now be able to claim Gift Aid on donations that feature comments from up to four names of linked family members.

Even better, HRMC is permitting JustGiving to claim Gift Aid retrospectively on all donations from November 2015 to now that comply with this new definition.

JustGiving describe this retrospective processing to be “challenging”. It is advising charities to expect the payments to be phased in over several weeks. Any successful retrospective transactions will be flagged up in JustGiving’s reporting to charities.
At present it is still working on a clear process, and once it does, charities affected will be notified.

In a blog post on the subject, JustGiving s Head of Partnerships Katherine Scott-Barrett wrote:

“Our ambition has always been to ensure that every UK taxpayer entitled to claim Gift Aid on their charitable donation is able to do so, and we will continue to work closely with HMRC to ensure that Gift Aid is applied accurately and fairly, while making the experience as intuitive as possible for donors”.

20,726 total views, 7 views today


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Share Donation Agreement – Template & Sample Form #famous #charities


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Share Donation Agreement

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Known Donor Agreement #blood #donation #canada


#donation agreement

#

Known Donor Agreement

When a woman finds a donor through a sperm bank, she does not need a donor agreement. Typically called an unknown or known donor, this man will have signed an agreement with the sperm bank and surrendered any parental rights in the process. As a result, the woman does not have to worry that this man may later change his mind and try to claim that he is the father and deserves visitation or even custody of the child. Even if he does, there is little chance he will have any legal ground to stand on.

In contrast, when a woman wishes to become pregnant through a known donor, such as a friend or an acquaintance, there is a greater risk that the donor may later claim a parental relationship to the child. In such situations, attorneys highly recommend that a woman consult an attorney and that both she and the prospective donor sign a donor agreement before she begins the process of donor insemination. This agreement is designed to define the role and responsibilities, if any, the man will have with the child.

Generally speaking, there are two types of donor agreements: One that is used in counties or states where second-parent adoption is available, and one in counties or states where second-parent adoption is unavailable. Both forms are provided here with this difference between them: Where second-parent adoption is available, the agreement states that the donor agrees in advance to consent to the adoption by the second or nonbiological lesbian parent and agrees to the termination of all parental rights of his own. (Some states allow the donor to have some diminished role in the child s life, if requested and agreed upon.) Attorneys consider this the preferred agreement if the choice is available to you.

To find out if second-parent adoption is available in your area, see the Second-Parent Adoption article.

Whichever form you use, it should be noted that this area of the law is extremely fluid, and it is difficult to predict whether a particular judge will honor such an agreement. In some situations, for example, men who have signed such agreements have later changed their minds, sought a parental role in the children s lives and judges have granted it – essentially declaring that they were the legal fathers, despite the agreement they signed with the mothers.

You also should note that donor insemination laws vary from state to state. For example, in some states, you are required to be under the care of a physician. Your attorney can tell you if this is required where you live.

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Settlement Agreements and Personal Injury – Partners Employment Lawyers #personal #injury #settlement #agreement


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Settlement Agreements and Personal Injury

Many employees believe that personal injury claims cannot be waived or settled under a settlement agreement at all and carve out all personal injury claims from the waiver. However, this is not the case.

This alert is designed to clarify exactly when and to what extent an employee’s personal injury claims can be waived.

Personal injury claims fall into several different categories:

  • Injuries of which the employee is aware but where no claim has been brought. There appears to be no reason why these should not be waived by a settlement agreement. However, the agreement should make it clear that personal injuries are meant to be covered. There was a case in 2001 between Bank of Credit and Commerce International SA v Ali and others where there was some debate as to whether a general waiver of all and any claims was sufficient to cover personal injury without clear words being used. This debate is unresolved and so best practice is to expressly refer to personal injury claims.
  • Potential claims of which the employee is not aware. These are sometimes referred to as ‘latent personal injury claims’. Again, there would appear to be no reason why such claims cannot be waived. However, the House of Lords in the case of Bank of Credit and Commerce International SA v AliBCCI v Ali held that a general release or waiver would not normally cover claims of which the employee is unaware and could not be aware. Consequently, clear and unambiguous wording will be needed.
  • Personal injury claims that have already been brought in the civil courts. If a claim as this is to be settled by the settlement agreement then a draft consent order should ideally be agreed and annexed to the settlement agreement.
  • Personal injury (usually psychiatric) arising as a result of unlawful discrimination or harassment in employment. These claims derive from the Equality Act 2010. Such claims would be subject to the special rules on settlement agreements, and would normally be covered by waiving the right to bring discrimination and harassment claims.
  • Claims that have not yet arisen. These are claims for future injuries. These claims cannot be settled due to the Unfair Contract Terms Act 1977 – due to this a waiver of such claims would generally not be effective in law.

At PARTNERS EMPLOYMENT LAWYERS, we are experts in settlement agreements. We regularly draft them for employers and regularly advise employees as to their terms. We have extensive experience and can assist you in negotiating and dealing with employees and are listed as recognised advisors for around 50 companies.


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Donation agreement #donations #website


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Donation and deposit agreements

Introduction

Drafting an appropriate deposit agreement was one of the earliest tasks Paradigm undertook. It proved impossible to find other examples of deposit agreements drafted for personal digital archives, so the project team began by looking at the kind of donation and deposit agreements in use for traditional archive material and thinking about how these should be adapted and augmented to meet all the requirements of the digital environment.

The project deposit agreement was produced for a very specific purpose; participating politicians agreed to loan their digital archives to the Bodleian and JRUL on the basis that the content was treated as confidential and access was limited to project staff. However, many of the concerns raised by the Paradigm participants are pertinent to personal digital archives more generally, particularly the issues of: privacy, confidentiality and data protection; access by third parties, especially by means of freedom of information requests; and IPR (Intellectual Property Rights) in the content of the archive.

Paradigm therefore explored some of the major issues which should be covered in any donation or deposit document dealing with hybrid or digital personal archives, with a view to drawing up a model agreement.

Issues which should be covered in a donation or deposit agreement for personal digital or hybrid archives

Any agreement needs to be legally sound, yet easily understandable by donors or depositors. It should clearly set out the obligations of both donor/depositor and archive repository. The content and extent of the archive should be set out in the schedule to the agreement, indicating (in the case of a hybrid archive) the relative proportions of hard copy and digital material. Different conditions may apply to hard copy and digital material (e.g. in relation to access by third parties) and where this is the case it should be clearly stated in the body of the agreement.

Some of the issues which should be covered in an agreement include:

  • Establishing unequivocally the current ownership of the archive itself.
  • IPR: the donor or depositor of the collection may be a primary copyright holder in its content, but there are also likely to be many third-party copyright holders represented in the archive. The donor or depositor should be asked to clarify conditions relating to the material in which they hold copyright, both in relation to:
    • Preservation: the repository should seek explicit permission from the primary copyright holder to undertake preservation actions on the digital component of the archive; these can range from simple backup procedures to format migration and involve making multiple copies.
    • Access: the copyright holder may be offered a range of options. For example, they may choose to: grant licence to the repository to carry out certain actions (such as making copies for researchers in accordance with fair dealing regulations, granting permission for the publication of short quotes, or making the copyright material accessible remotely rather than limiting access to researchers in the reading room); or request that all requests for copies (other than those for non-commercial research) be referred to them for permission. They may also choose to transfer copyright into the ownership of the repository, which would then be responsible for all decisions relating to the material.

    The greater proportion of material in any archive is likely to be in the copyright of multiple other individuals. The repository can only grant access to this and provide copies of it within the stipulations of copyright legislation and fair dealing regulations; an undertaking to act within the boundaries of copyright law should be given in the agreement. Currently UK law is ambiguous about making multiple copies for preservation purposes where permission has not been sought, but the Gowers Review may change this situation. See Chapter 09 Legal issues for more information on IPR matters.

  • Data protection and confidentiality: the donor may wish to place closures on confidential or sensitive material in the archive, to ensure that it is not made available to third parties for a stipulated period of time. It is useful to record both closure periods and reasons for closure in order to assist the repository in dealing with future freedom of information requests (although it should be noted that deposited collections are not necessarily subject to the Freedom of Information Act ). It should also be made clear that whilst libraries have certain exemptions from the Data Protection Act . all personal and sensitive personal data about living individuals represented in the archive will be treated in accordance with the Act, and in particular will not be used in any way which might support decisions about or cause substantial distress to individuals. This may mean imposing lengthy closure periods on some material.
  • Other access-related issues: the agreement should make it clear that the repository is acquiring the archive in order to make it accessible to researchers in the future and establish the conditions for this (lengthy closure periods will usually apply). There should be a clause establishing the right of the repository to claim legitimate exemptions under the Freedom of Information Act while material is closed to readers.
  • Exclusive ownership: because accessioning a digital archive may involve taking copies of records rather than the ‘originals’, it is crucial to ensure that the donor/depositor grants the collecting institution the right to hold (whether by gift or loan) the sole complete research copy of each digital record in their archive. This is particularly pertinent in the case of archives which are likely to be of high monetary value (e.g. the papers of a well-known writer).
  • Appraisal: the agreement should establish the right of the repository to appraise and weed material in the archive; the donor/depositor should be given the right to decide what happens to weeded records. See Chapter 04 Appraisal and disposal for more information.
  • The agreement should make it clear that the collecting institution will catalogue the archive and create the (often extensive) metadata required for long-term preservation; copyright in catalogues and other metadata will be held by the institution, as distinct from the copyright in the archive material itself.
  • The collecting institution should give an undertaking to look after the archive material responsibly and securely (in perpetuity, in the case of a gift).
  • If outsourcing the storage or processing of digital materials to a third party, permission should be sought for this from the donor/depositor.
  • The schedule to the agreement may establish how accruals to the material will be managed and the frequency of any future accessions. The detail will depend on the selected approach to collection development (see Chapter 02 Collection development ).

Deposit and gift agreements produced by the Paradigm Project

In order to simplify the administration and management of its holdings, ideally an archive repository should base all its donation and deposit agreements on a single template which is uniform within the institution. However, in reality some flexibility is likely to be necessary, as is the case with traditional archives, and agreements will often have to be tailored to a specific individual or situation.

Paradigm produced a model gift agreement for use with digital and hybrid personal archives (see Appendix A: Model gift agreement ). This might form a basic template for other collecting institutions to build on and adapt to their own requirements. Please consult with your legal team to ensure that the agreement is appropriate to your context.

Paradigm also developed a short-term Deposit Agreement which was specifically designed for use with the politicians participating in the project. For the purposes of the project, digital archives were deposited on the understanding that their content was confidential and that the archives would be closed to third parties; access was restricted to project staff and individuals accredited by the depositor.

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Known Donor Agreement #who #can #donate #blood


#donation agreement

#

Known Donor Agreement

When a woman finds a donor through a sperm bank, she does not need a donor agreement. Typically called an unknown or known donor, this man will have signed an agreement with the sperm bank and surrendered any parental rights in the process. As a result, the woman does not have to worry that this man may later change his mind and try to claim that he is the father and deserves visitation or even custody of the child. Even if he does, there is little chance he will have any legal ground to stand on.

In contrast, when a woman wishes to become pregnant through a known donor, such as a friend or an acquaintance, there is a greater risk that the donor may later claim a parental relationship to the child. In such situations, attorneys highly recommend that a woman consult an attorney and that both she and the prospective donor sign a donor agreement before she begins the process of donor insemination. This agreement is designed to define the role and responsibilities, if any, the man will have with the child.

Generally speaking, there are two types of donor agreements: One that is used in counties or states where second-parent adoption is available, and one in counties or states where second-parent adoption is unavailable. Both forms are provided here with this difference between them: Where second-parent adoption is available, the agreement states that the donor agrees in advance to consent to the adoption by the second or nonbiological lesbian parent and agrees to the termination of all parental rights of his own. (Some states allow the donor to have some diminished role in the child s life, if requested and agreed upon.) Attorneys consider this the preferred agreement if the choice is available to you.

To find out if second-parent adoption is available in your area, see the Second-Parent Adoption article.

Whichever form you use, it should be noted that this area of the law is extremely fluid, and it is difficult to predict whether a particular judge will honor such an agreement. In some situations, for example, men who have signed such agreements have later changed their minds, sought a parental role in the children s lives and judges have granted it – essentially declaring that they were the legal fathers, despite the agreement they signed with the mothers.

You also should note that donor insemination laws vary from state to state. For example, in some states, you are required to be under the care of a physician. Your attorney can tell you if this is required where you live.

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Love Conquers Hate. GIVE NOW


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JustGiving and HMRC in agreement over restoring lost Gift Aid on ‘family donations’ #donate

#just giving donations

#

JustGiving and HMRC in agreement over restoring lost Gift Aid on ‘family donations’

JustGiving and HMRC in agreement over restoring lost Gift Aid on ‘family donations’

Online giving site JustGiving has reached an agreement with HMRC that will see thousands of charities regain Gift Aid income that had been rejected by HMRC because it appeared to come from more than one family member.

JustGiving, along with other charities, experienced a sudden rise in rejections of Gift Aid submissions to HMRC towards the end of 2015, the result of more stringent application of regulations. Evidence of ‘family donations’ or ‘social giving’ was taken to indicate that the donation was not made out of taxed paid by one individual, and so did not qualify for Gift Aid.

Multiple names triggered Gift Aid rejections

JustGiving’s site, which encourages donors to leave public messages of support, was found to contain messages such as “with love from Mum and Dad’. These could be taken to indicate that the donation was made jointly and not by an individual tax-payer and therefore would not qualify under Gift Aid. Similarly, posting two names in the message box sender field was interpreted in the same way.

Indeed, the giving service was instructed to apply this stricter definition retrospectively, with the result that the Gift Aid element on earlier donations was cancelled, resulting in charities finding that their anticipated income had suddenly dropped.

It quotes one donor who donated £300 at Christmas to a hospice that had cared for his son who found his £75 Gift Aid payment had disappeared from the giving page. He said:

Of course I m going to write my wife s name on a message to our son. We are his mum and dad. But that shouldn t mean my donation isn t eligible for Gift Aid — I was donating my money from my bank account that I d earned and paid tax on.

Resolution

JustGiving has worked with HMRC over 15 years, since it first started handling online Gift Aid declarations. HMRC assured it that the crackdown was not limited to online donations or sites that promoted ‘social giving’, but was part of a sector-wide attempt to improve the way Gift Aid was applied.

Fortunately, JustGiving and HMRC have now reached an agreement that will result in many of these previously rejected Gift Aid declarations being accepted. JustGiving was able to present HMRC with feedback from donors and charities on why people chose to mention more than one name in their comments.

Up to four names of linked family members accepted

A temporary lifting of the family name restriction has now been agreed. This means that JustGiving will now be able to claim Gift Aid on donations that feature comments from up to four names of linked family members.

Even better, HRMC is permitting JustGiving to claim Gift Aid retrospectively on all donations from November 2015 to now that comply with this new definition.

JustGiving describe this retrospective processing to be “challenging”. It is advising charities to expect the payments to be phased in over several weeks. Any successful retrospective transactions will be flagged up in JustGiving’s reporting to charities.
At present it is still working on a clear process, and once it does, charities affected will be notified.

In a blog post on the subject, JustGiving s Head of Partnerships Katherine Scott-Barrett wrote:

“Our ambition has always been to ensure that every UK taxpayer entitled to claim Gift Aid on their charitable donation is able to do so, and we will continue to work closely with HMRC to ensure that Gift Aid is applied accurately and fairly, while making the experience as intuitive as possible for donors”.

20,726 total views, 7 views today


Tags : , , , , , , , , , , , ,

Known Donor Agreement #donation #online


#donation agreement

#

Known Donor Agreement

When a woman finds a donor through a sperm bank, she does not need a donor agreement. Typically called an unknown or known donor, this man will have signed an agreement with the sperm bank and surrendered any parental rights in the process. As a result, the woman does not have to worry that this man may later change his mind and try to claim that he is the father and deserves visitation or even custody of the child. Even if he does, there is little chance he will have any legal ground to stand on.

In contrast, when a woman wishes to become pregnant through a known donor, such as a friend or an acquaintance, there is a greater risk that the donor may later claim a parental relationship to the child. In such situations, attorneys highly recommend that a woman consult an attorney and that both she and the prospective donor sign a donor agreement before she begins the process of donor insemination. This agreement is designed to define the role and responsibilities, if any, the man will have with the child.

Generally speaking, there are two types of donor agreements: One that is used in counties or states where second-parent adoption is available, and one in counties or states where second-parent adoption is unavailable. Both forms are provided here with this difference between them: Where second-parent adoption is available, the agreement states that the donor agrees in advance to consent to the adoption by the second or nonbiological lesbian parent and agrees to the termination of all parental rights of his own. (Some states allow the donor to have some diminished role in the child s life, if requested and agreed upon.) Attorneys consider this the preferred agreement if the choice is available to you.

To find out if second-parent adoption is available in your area, see the Second-Parent Adoption article.

Whichever form you use, it should be noted that this area of the law is extremely fluid, and it is difficult to predict whether a particular judge will honor such an agreement. In some situations, for example, men who have signed such agreements have later changed their minds, sought a parental role in the children s lives and judges have granted it – essentially declaring that they were the legal fathers, despite the agreement they signed with the mothers.

You also should note that donor insemination laws vary from state to state. For example, in some states, you are required to be under the care of a physician. Your attorney can tell you if this is required where you live.

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Donation Agreement, Sample Donation Agreement Template #top #charities


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Legal Agreements

Donation Agreement

Donation agreements are legal document which are framed or drafted when a party agrees to donate an asset to another person or party. These agreements are formally drafted contracts which are based upon a certain number of terms and conditions which are enforceable by law. Any donation agreement can be of various types, for example-organ donation agreement, property donation agreement etc

A donation agreement consists of several important parts or sections. The first part consists of the important dates such as the date of donation etc. along with the details of the donor and the person receiving donation. These details must include their names, addresses, phone numbers and email addresses for future reference purpose.

The main part of a donation agreement is the part where the clauses or donation are mentioned. These clauses define the various terms and conditions of donation and are legal and formal in nature. These terms cannot be violated under any circumstances.

You can Download the Free Donation Agreement customize it according to your needs and Print. Donation Agreement is either in MS Word, Excel or in PDF.

Sample Donation Agreement

Download this USA Attorney made Original Agreement for only $9.99

These forms are nonrefundable and non transferable.
If you need any alterations or have any queries, please fill out the contact form.


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