The entire transaction does not need to be re-executed, because the contracts signed by the Debtor will be valid as against him. I have not dealt with these cases. Although occasionally private Acts were used to formally establish changes of name, the most common pattern was for the name change to be effected by adoption, use and recognition in the community.
It is the only British Columbia case on this issue. Recommendation As a result of this analysis, the Bank should take the following steps to protect its security. He noted that the Change of Name Act, R.
The switch from Black to Brown brings the protection afforded by registration into question. Master Browne noted that the Ontario legislation did not define what is the proper surname for use in a PPSA financing statement. The two surnames in our case are completely different, rather than having a slightly different spelling.
However, there are several problems with relying on this case. That adoption had the effect of an election. At page their Lordships stated: A person who signs, seals, and delivers a deed of covenant cannot avoid liability under the deed by signing a name which he represents as, but which is not in fact, his own, nor can he saddle such liability on the person whose name he uses, unless he is the duly constituted attorney of such person.
I conclude that the regulations should not be interpreted to deprive the bank of its security in a case of this nature.
The bank therefore argued that its registration and security interest should be valid as against the trustee. These rulings were overturned on appeal. He was not aware that his birth certificate contained a different spelling of his surname.
Registration regimes Difficulties with the common law rule have arisen in modern times because of registration regimes that are name-dependent. On the other hand, if the debtor consistently uses the same name and has therefore adopted it at common law, registration in that name will be valid for PPSA purposes.
The entire transaction does not need to be re-executed, because the contracts signed by the Debtor are valid as against the Debtor. There are several recent cases debating this issue in the context of PPSA registrations.
Summary When considered together and analyzed, the combined effect of this case law appears to be as follows. Ontario In Re Grisenthwaite43 R. Her maiden name was J. A person may use a surname of their spouse, the name they obtained by adoption, or at birth or their surname immediately before marriage, if they are a married person.
However, if he is using both names, or has abandoned Black in favour of Brown, then the documentation should be registered in his legal name. The trustee in bankruptcy of the debtor sought directions as to whether this security was valid.
The Bank should take the following steps to protect its security. The name Lazarchuk is the name which he has acquired at common-law. The Alberta Court of Appeal held that even though registry guidelines published by the Attorney General directed that the birth certificate name be used in registering securities, those guidelines did not have binding legal effect.
However, there is a significant risk that the security documents, which have been registered under the name David Black in public registries, will not be enforceable against other creditors of the Debtor. A small body of cases discusses the problems that arise with a significantly different given name.
This may simply be a case where he had, in fact, two names and the regulations of the PPSA do not specify which name is to be used.
In summary, at common law one was entitled to use a name by which one was commonly known in the community. However, the security registration should be updated by a new filing reflecting the different name. Master Powers noted that this was a case of first impression in British Columbia.
In addition, there does not appear to be anything which invalidates a change of name by common-law even though that change might be an offence under the Name Act.Sep 24, · Closed memo = cite to the pages of whatever is given to you.
Open memo = cite to the case, the pages will be listed on westlaw/lexis. You don't need to find the actual reporter. Some sources require physical book cites, but I never had to do that as a 1L.
Home / Writing & Analysis / Sample memorandum of law Sample memorandum of law. This memorandum is provided for instructional purposes. It is not to be relied on as legal advice. May 22, · Home» 13+ Writing A Memorandum» Legal Memo Format.
Sample Legal Memorandum Format Memorandum Sample Sample Legal Memorandum Format Memorandum Sample Legal Memo Format. Depending on what state your in. you can find a n easy and legal document to help you compose it. billsimas.com is a very helpful site that has documents that can be downloaded most are free.
I WOULD LIKE A SAMPLE OF HOW TO WRITE A MEMO ON STAFF TEA BREAKS? SAMPLE OF HOW TO WRITE A MEMO TO STAFF ON STAFF BREAKS I was writing a. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals.
61 Legal Memorandum Format Sample On the following pages is a legal memorandum formatted the way your memos in this class should be formatted. The substance of this memo comes from Appendix A of the Wellford text.Download