What does voucher subject to forfeiture mean

Give the complete legal name of the attorney appointed to represent the person whose name is shown in Item 2. Provide the mailing address and telephone number of the attorney. Briefly, describe the nature of the services requested and the reason services are necessary to provide adequate representation. Procedures for Requesting Psychiatric and Psychological Services.

If this is a request for an examination by a psychiatrist or psychologist, state specifically the purpose of the examination. If the examination is ordered pursuant to a statute, cite the statute U. Code, title and section. The payment procedures for psychiatric and psychological examinations are outlined below.

Check the box which identifies the type of service provider requested. If you check the box "Other," be sure to specify the type of service provider. This court order must be signed and dated by the presiding judicial officer. An additional court order is not necessary except for certain psychiatric and psychological examinations as explained in the instructions for Item Indicate whether repayment of the cost for these services either full or partial was ordered by the court from the person represented by checking "Yes" or "No".

Enter the total amount claimed for professional services rendered. On an attachment to the voucher, describe in detail the services provided, including dates of service and the amount of time spent in hours and tenths of hours.

State the basis for the fee claimed e. If services were provided for more than one CJA representation, the time spent in common, including travel time, must be represented on the voucher forms by: a prorating the service time among the representations on separate vouchers; or b billing the entire service time on a voucher pertaining to one of the representations.

See Items 16b and 16c for procedure that expenses incurred in common must be billed to one of the representations. Time "spent in common" includes work performed simultaneously or within the same unit of time, or expenses incurred, for more than one representation e.

Double billing of time or expenses is prohibited e. A "CJA representation" is one in which the attorney is a a federal public or community defender providing representation under the CJA or related statutes, or b a CJA panel attorney or other attorney or entity authorized to obtain services for a particular representation under the CJA or related statutes. Reference to a "voucher" includes invoices submitted to a federal public or community defender organization for work performed for that entity.

Proration of time among CJA representations must not result in a service provider billing a larger amount than would have been billed had the service provider assigned all of the time to one voucher. For example, a service provider who spends a tenth of an hour currently the lowest unit of time in common with more than one CJA representation should assign the one-tenth hour to one of the vouchers.

Thus, proration could result in time not being billed for each representation for which time was spent in common. Whenever a service provider submits a voucher that includes time spent in common and prorates that time, each CJA representation must be cross-referenced on the supporting documentation to each voucher. If the time is billed to one representation, the other representations must be cross-referenced on the supporting documentation to that voucher.

However, to ensure that an appointed attorney does not receive inappropriate information as to another attorney's use of the service provider, the CJA representations that are cross-referenced should not be identified by name and case number if the work was performed for an attorney other than the one who will be certifying the voucher, although the number of other representations should be listed.

After the attorney certifies the service provider's voucher, the service provider, upon the request of the court's designated CJA voucher review personnel, must provide the name, case number, and any other identifying information for such representations. Note: There is no apportionment between a contract court interpreter's work for a court unit and the CJA.

Interpreters are responsible for understanding the compensation structure for interpreting services provided for a CJA representation including travel time and expenses, if any in each district or court location and for billing accordingly.

Contract court interpreters must not bill or receive funds from any other federal court unit, federal public or community defender organization, or other attorneys or entities obtaining interpreting services under the CJA or related statutes for any services rendered during the same half- or full-day, hourly period, or other unit of time for which the contract court interpreter is being compensated pursuant to the court interpreter services contract.

See Guide to Judiciary Policy, Vol. Thus, an interpreter retained by the court under the court contract for a one-half or full-day period may not bill the CJA for any work performed during that same half-day or full-day period even if the court no longer requires the interpreter's services. An interpreter billing on a half- or full-day rate basis, hourly basis, or other unit of time under the CJA must not charge any other federal court unit, federal public defender, community defender, CJA panel attorney, or other person or entity otherwise authorized by the court to obtain the services of an interpreter under the CJA or related statutes for any services rendered within the same time period.

It is permissible to prorate compensation among more than one CJA representation but expenses must be invoiced to one CJA representation or to apportion compensation, including expenses, between a CJA representation and a non-CJA purpose not including a federal court unit.

When an interpreter is invoicing under the CJA on a half-day rate basis and works one half-day for a court unit and another half-day for a CJA representation, or is invoicing two separate half-days for different CJA representations, then the first half-day should be billed at the half-day rate and the second at the difference between the half-day and full-day rates, unless otherwise negotiated.

Interpreters must submit the following information with each voucher: a the times of day for which services are being billed; and b the number of other vouchers or claims submitted, or to be submitted, for interpreting services provided on the same date for a CJA representation or for a federal court unit, and times of service applicable to the other vouchers or claims.

Travel related expenses that are incidental to the representation e. Attach supporting documentation e.

Travel expenses by privately owned automobile, motorcycle, or aircraft should be claimed at the rate in effect for federal employees at the time of travel. Claims for mileage reimbursement must include the starting location, the destination, and the number of miles traveled. For overnight travel, reasonable expenses for lodging and meals will be reimbursed on an actual expense basis; per diem is not allowed. Service providers are limited to the travel and subsistence expenses of federal employees.

The clerk of court can advise you of applicable rates and federal government travel regulations. The procedure for the forfeiture of shares is likely to be different depending on the reason for forfeiture arising and what the articles state. It is likely that forfeiture will arise on fully paid shares by a breach of an applicable restriction under which the shares were issued without any further ado other than informing the shareholder of the forfeiture.

In these instances the former shareholder is likely to lose all rights from the shares and is unlikely to be entitled to receive any amount if the forfeited shares are subsequently sold by the company. Note, however, that shares will not ordinarily be forfeited if an employee leaves employment for any of the reasons below:. Where the shares are nil or partly paid shares it is unlikely that the shares can be forfeited just on the shareholder not paying the sums due under a call payment request by the company.

In line with the provisions included in the model articles for public limited companies, the company will also need to issue a notice of forfeiture following the non-payment. The forfeiture notice must:. Where the shareholder fails to comply with the notice by the date stated, the directors can then decide that any share in respect of which it was given is forfeited.

The forfeiture will generally include all dividends or other monies payable in respect of the forfeited shares and not paid before the forfeiture. When shares are forfeited the shareholder generally ceases to have any rights under them and, if the shares are partly paid, has no right to recover the amount already paid to the company. This includes all claims and demands against the company in respect of the forfeited shares and other rights and liabilities incidental to the shares as between the shareholder and the company.

The forfeited shares will then be deemed to be owned by the company from the date agreed by the directors. The company must then notify the former shareholder that the forfeiture has occurred and update the register of members to reflect this.

The former shareholder then ceases to be a shareholder and should return the share certificate to the company for cancellation. The former shareholder remains liable to the company for all sums payable under the articles at the date of forfeiture in respect of those shares, including any interest.

The directors may waive payment of such sums wholly or in part. Alternatively, they may choose still to enforce payment without any allowance for the value of the shares at the time of forfeiture or for any consideration received on their disposal. Forfeited shares are held by the company and can then be sold, re-allotted, cancelled or otherwise disposed of as the directors think fit.

When forfeited shares are sold by the company, the company will receive the consideration for the transfer and make the necessary entries into the register of shareholders. This is conclusive proof that the new owner is the true shareholder of the forfeited shares even if there was any irregularity of invalidity in the forfeiture process.

Where the share forfeiture arose for failure to make a call payment, the company may pay to the former shareholder the proceeds of such sale, net of any commission, interest due from the former shareholder and the amounts payable but unpaid on those shares at the date of the sale.

The shares forfeited can be reissued to another shareholder at a different price by the company. The forfeited shares are generally reissued at a discount to the issue price. This is because the company would have forfeited a portion of the issue price already paid on the shares earlier. The shares generally include equity shares held in listed as well as unlisted companies.

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