聘定协议英文.pdf

CasesCasesCase_ID 1 DETAILS OF THE CLIENT ADDRESS OF THE CLIENT Re:BS&NP1001/15 Name of client Date _ 2015 Dear Mr _ You have asked us to act as your solicitor in relation to obtaining your visa in Ireland through the IIP.We confirm that we would be delighted to act on your behalf.This letter explains our terms and conditions while we are working for you.It is important,to prevent any misunderstandings at a later stage,that you know what to expect and understand what our service involves.Please read the following terms and conditions carefully.We will be happy to answer any questions you may have.1.Discussing your expectations We will discuss your expectations of our services to you and tell you whether we think they are realistic.It is important to us that you understand at all times what is happening in your case.To help prevent any confusion or stress on your part,we will give you general information and explain any procedures regarding your case as it progresses.2.Instructing your solicitor It is important that you give us clear and accurate instructions from the very beginning and when you get any new information as the case develops.We will do our best to carry out the agreed instructions and to give you a confidential and friendly service.When we receive your instructions,we will explain your legal options to you.If there is anything you do not understand,please tell us right away so that we can answer your questions.We will then agree with you the actions to be taken.CasesCasesCase_ID 2 3.Updating your instructions We may need to update your instructions from time to time,for example,if:New issues or information arise,Events take an unexpected turn,We need more information from you,or Fees or expenses have not been paid.It is important that you give us instructions when they are needed.If you fail to do this,we cannot make progress.This may affect the outcome and,in some cases,may mean we have no choice but to stop acting for you.4.Acting on your behalf When you give us instructions,we assume that you are giving us permission to take various actions on your behalf.For instance,our role as your solicitor may involve:Making a repayment to a bank or building society for you,Holding information for our records,including sensitive data,such as your Personal Public Service(PPS)number or medical reports,Employing barristers and other experts,such as doctors and engineers,on your behalf,Obtaining information from third parties to help us with your case,without seeking your permission in advance,and Using information technology(IT),including email,to guarantee the best quality and most efficient service.Important:If you instruct us to repay or transfer money on your behalf,you cannot change these instructions later,if we have given a professional promise to others to do so.We will hold any money we receive on your behalf strictly in line with the Solicitors Accounts Regulations.We will only use any personal or sensitive information to help your case.We will only employ experts with your permission.We will select professionals who we believe to be competent,but we are not responsible for the negligence of anyone we employ on your behalf.CasesCasesCase_ID 3 5.Cost of services At the beginning of your case,as required by law,we will give you information,in writing,about our fees and other expenses that may be incurred.If we fail to agree the fees for our services with you,we will not act on your behalf.The total fees for each application will be 10,000.00 with the following breakdown:a)Our fees for this case,which will be 4,250.00 including VAT at 23%plus the specific outlays listed below,based on the time expected to be incurred on your case.Within those outlays is included:b)The current fixed rate of 750.00 to be paid to INIS for filing your visa application and c)The agreed 5,000.00 fees to discharge the services of a third party which will issue an impartial report and will be enclosed with your application.In the event that we encounter unusual work to complete this assignment then we may need to seek additional fees from you.This will be discussed with you at the time.Please be advised that the sum of 10,000.00 will not be refunded even if the visa application is not successful.The law allows us to keep a clients file as security for any costs until we have been paid for our services.We will issue our bill of costs to you without delay.In the event that you fail to make a payment on account of costs we reserve the right to stop acting for you.The following services will be provided and the above mentioned funds will be used to discharge same.Please be advised that we reserve the right to engage any further services in completing this agreement.This sum will ensure any associated or ancillary services are engaged.This fee is strictly to provide the following services as in paragraph 6 below,subject to obtaining your visa(Stamp Four Residence Permission).6.Services to be provided 6.1)Receiving your VISA application with all the necessary annexes and documentation in order to complete it and submit it on your behalf to the relevant Irish authorities.CasesCasesCase_ID 4 6.2)Review of the agreement between LLPA and the principal partner of the LLPA,which is Wealth Options Trustee Limited(“WOTL”)to make sure your rights as an investor are properly regulated.This independent third party will act as General Partner to the LLPA and will manage the partnership on behalf of the investors.WOTL will be responsible for monitoring the construction of the nursing home and its ongoing operations on behalf of the investors.WOTLs duties will be included in the Partnership Agreement that each investor will receive.6.3)Review the draft loan note which will secure that the investment will have a first charge on the nursing home as part of the security on the investment.The completion of the loan note,its execution and the charge against the investment will be provided by Wealth Options Trustee Limited(“WOTL”)and not by Blasco Solicitors&Notary Public under this letter of engagement.6.4)Prior to submitting your visa application,I will furnish you with the Limited Liability partnership agreement.This document will need to be signed by you once you agree with its contents.Once the partnership agreement is signed by you,you will need to transfer deposit funds of 40,000.00 into our clients account.The IBAN and BIC number of our clients account is the following:Blasco Solicitors&Notary Public Ulster Bank 2/4 Lower OConnell Street,Dublin 1,Ireland IBAN:IE38ULSB98504014886430 BIC:ULSBIE2D It is very important that when you transfer the mentioned funds you specify the reference of your file in the E.T.(electronic transfer).This is extremely important as this will allow us to locate and identify your funds easily,especially if you are planning to transfer the funds in different instalments.Without specifying the right reference we might have difficulties in locating your own funds and then the process of obtaining your VISA might incurred in unnecessary delays.So please include your file reference and full name when doing the E.T.of funds to the above mentioned clients account 6.5)Engage and employ the services of a third party to undertake research into your background and confirm information submitted as part of your application is correct.These inquiries will include:CasesCasesCase_ID 5 A Review of the information and supporting documents disclosed by you as part of the process to apply for a visa under an INIS investor programme;Searches into your business affiliations in the Peoples Republic of China(PRC)from online corporate register records;Searches for information relevant to your sources of wealth and in particular ownership of named assets;Comprehensive media research in English and Chinese for reports of the involvement of you in connection with adverse search terms;Searches for significant political exposure of the Applicants in the PRC;Identification of reported involvement in bankruptcy proceedings,litigation or significant business disputes listing the you as a defendant,from Chinese online litigation databases and open sources2;and Searches for any mention of the Applicants on national and international sanctions databases.This scope of work would require you to provide specific information relating to your source of wealth that may go beyond that requested by the INIS questionnaires.The fee of the third party for this work will be 5,000.00 non refundable.These funds will be released from the mentioned 10,000.00.6.6)Once I have received the signed partnership agreement,deposit and report issued by the third party I will submit your VISA application together with the business plan(which will be presented by Deloitte)and the above mentioned report to the Irish Authorities(INIS).I will follow this up until its conclusion with all the necessary clarifications requested from INIS.The application fee of 750 will be funded from the mentioned 10,000.00.6.7)Engage with INIS on your application and address any queries they may have.6.8)Once your visa application has been successful I will notify you and the Principal Partner of the LLPA.At that stage the principal partner of the LLPA will call on you to complete the investment as outlined in the Partnership Agreement.You will then need to transfer the Investment funds of 500,000.00 into our clients account above,within 45 days.6.9)Once the investment funds are received and in accordance with the Partnership Agreement signed by you we will transfer the Investment funds and deposit funds to the Limited Liability Partnership(“LLPA”)account previously open on behalf of all the 2 Note that bankruptcy searches are not available online in China and that litigation records available online are not comprehensive.CasesCasesCase_ID 6 investors by Wealth Options Trustee Limited(“WOTL”).In order to protect your interest the funds will be transferred upon your instruction only if:(a)the planning permit has already been granted;and(b)the loan agreement has been signed by the relevant parties.6.10)In the event that your visa application is not successful I will return the deposit funds of 40,000 to you.However,if your visa application is successful and you do not transfer the investment funds to my client account above within the timeframe stipulated in the partnership agreement(or such longer period agreed in writing with the Principal Partner)then I will be entitled to retain the deposit funds as a contribution towards my costs or the partnership costs without further notice to you.6.11)Meeting with you when you visit Ireland and sign any necessary documents to support your application to INIS.Therefore,once the funds are transferred as set out in paragraph 6.9 our services will be concluded in line with services as set out above.Please be advised that should you require any further services(e.g.renewal of your Visa)we will furnish a letter of engagement detailing the services to be provided,together with an estimation of fees.This letter confined the services that we will provide to the content herein.7.Timescale of case We estimate that this engagement will take approximately five months to complete from submission of initial documentation to completion of your investment in the LLPA.If any event occurs that will delay your case,we will let you know and give you our best estimate of a new timescale;however,we cannot be conclusive in relation to the duration of this process.8.Legal requirements Under anti-money laundering regulations,we need to be sure of your identity and source of assets before we can take on your case.Identity We will need you to give us a document showing your permanent address,for example a duly translated household register.Source of assets any funds or property that you ask us to deal with must have been legally obtained.If we become aware or suspect that these assets come from an illegal source,we must notify the Garda and the Revenue Commissioners CasesCasesCase_ID 7 without telling you,except in limited circumstances.We will immediately stop acting for you if we have to report illegal assets.Even when we are not obliged to report to the authorities,we cannot transfer any assets or property funded by the proceeds of crime.This includes funds that have not been declared for tax purposes or that have been obtained by false means.In this situation,you would have to legalise your position before we could act on your behalf.9.Obtaining your file Once you pay us for our services,and provided that we have done everything we promised to do,you can take your original file.We are entitled to copy this file to comply with solicitors regulations.Usually we keep a clients file for at least six years and then destroy it.However,we never destroy deeds and wills.If you need your file or information from the file,we can send this to you.We will charge you a fee for this service,based on the current rates at the time of your request.10.Making a complaint Good communication between us will guarantee the best possible outcome.If you wish to make a complaint about any aspect of our service,however,please send it in writing to us and we will review your file without delay.We will then send you a written reply to any requests for information,advising you of any actions that we will be taking in relation to your case.11.Transferring to another solicitor We hope to reach a successful result on your behalf.But if you decide for any reason to transfer to another solicitors firm,we will require payment for any work done up to that point.This requirement includes certain litigation cases,even if we might have agreed to seek a fee only if your case was successful.If you change to another solicitor,this agreement automatically ends and we will require payment for the work we have actually done.12.Professional insurance&Limitation of Liability We confirm that we have the appropriate level of professional insurance in place,as required by law and that the liability of this firm in any matter is limited to the amount of our professional indemnity cover in the sum of 1.5m.CasesCasesCase_ID 8 13.Communication You authorise me to direct all of my communication on this matter to a third party who will act as your representative in discussions with me.You further authorise me to discuss your case with them and to provide them with any information that they may request with respect to your investment.14.Tax The tax implications of this investment will need to be confirmed by the Principal Partner of the LLPA or your own tax advisor.Our services do not extend to tax matters.15.Acceptance clause When we agree our fees or the basis of our charges with you,the terms and conditions described here will come into effect.Please note that we do not claim to have any particular expertise outside of a solicitors general expertise.16.Risks associated with the Project as explained in the Investor Memorandum This project inv