UCCAL. Signing and Approval Authority Policy. Monday, May 18th, 2015 Version: 1

Transcription

1 UCCAL and Policy Monday, May 18th, 2015 Version: 1

2 and Policy Introduction This policy should be read in conjunction with all other policies in place by UCC Academy Limited ( UCCAL ) from time to time, however, in the case of conflict; this policy shall supersede and take precedence. Contracts Generally Contracts are defined as agreements that are legally enforceable regardless of the document title, and include memoranda of understanding, licences, letters of agreement, letters of acceptance and letters of intent. Employees of UCCAL are not authorised to bind UCCAL in any contract unless they have been delegated the appropriate authority pursuant to the Policy below. All contracts which legally bind UCCAL must be referred to the UCCAL In House Solicitor for review unless otherwise agreed with the CEO of UCCAL. Conflict of Interest Conflicts of interest are common in all businesses and may arise in relation to areas dealt with in this Policy. A conflict of interest arises when an Individual holds a personal interest, whether direct or indirect, and which in the opinion of a reasonably-informed and well-advised person is sufficient to put into question the independence, impartiality and objectivity that the said individual is obliged to exercise in the performance of his/her duties. Where a conflict, or potential conflict, of interest arises, employees should immediately discuss the issue with their line manager and refer to UCCAL s Conflict of Interest Policy in place from time to time. The approval authority is the position or Board within UCCAL that has the authority to approve a proposal to commit or bind UCCAL to a course of action or contract. Any decisions/approvals outside of Board Meetings as permitted by this policy will be communicated to the other directors together with copies of any relevant documentation. The signing authority is the individual within UCCAL who has the authority, subsequent to the decision of the approval authority, to sign off on the relevant documentation or to bind UCCAL to the contract or agreement which has been approved. 2

3 and Policy TABLE OF CONTENTS 1. Banking transactions 4 2. Expenses 5 3. Employment 6 4. Insurance 7 5. Funding applications 7 6. Purchasing (Goods and Services) 8 7. Settlement Agreements 9 8. Acquisition/Set up Subsidiary/Representative Office/Joint Ventures 9 9. Leases/Licences agreements Delivery of Services by UCCAL Legal 11 Page 3

4 and Policy 1. Banking Transactions 1 Bank Mandate and signing authorities Establishment of Line of Credit Drawing down on a Line of CEO Credit Investments (excluding (at least 2 short term deposits) Banking Resolutions (at least 2 Borrowing Resolutions (at least 2 Guarantee (at least 2 Credit Card Agreements (at least 2 All other financial (at least 2 agreements Deposits (Short term) (at least 2 Table 1 1. The signing authority may vary depending on the requirements set down by each bank s own procedures. 4

5 and Policy 2. Expenses All Employee Expense Claims (including Travel Advances) must be approved in line with the approval process set out in Table 2 below. When approving Employee Expense Claims the authoriser must satisfy him/herself that the expenses have been incurred wholly, exclusively and necessarily on UCCAL business, that documentary evidence is attached where required and that the expenses incurred are in line with the terms of the UCCAL Expense Policy in place from time to time. Person submitting the / claim Authoriser Authority CEO Chair of UCCAL Board n/a Member or nominee CFO CEO Chair of UCCAL Board Member or nominee In-house Counsel CFO CEO Business Administrator All other staff CEO CFO Table 2 5

6 and Policy 3. Employment This includes all contracts for the hiring of staff and for all other agreements relating to the management and administration of employee matters. Table 3 Appointment of staff CEO Contract of Employment & CEO Head of Section CEO UCC Academy Ltd any amendments thereto Salary levels CEO Remuneration package CEO Bonus Payments CEO Secondment Agreements CEO (both to and from UCCAL / UCCAL) Approve all Leave including CEO Head of Section CEO UCC Academy Ltd annual, maternity, unpaid etc. Pension Scheme (at least 2 Overtime CEO Commencement of CEO Head of Section CEO UCC Academy Ltd Disciplinary Process 6

7 and Policy 4. Insurance Records Held Table 4 Insurance Policies & CEO CFO OCLA Cover Settlement of legal cases Corporate Secretary CEO CFO OCLA under insurance policies Affidavits Corporate Secretary CEO CFO OCLA 5. Funding Agreements Proposals, contracts and agreements with funding agencies for activities or related to partnerships/relationships. All proposals/applications to funding agencies < 250,000 All proposals/applications to funding agencies > 250,000 Letters of agreement, contracts and/or 7 CEO/CFO CEO Table 5

8 and Policy contribution agreements with funding agencies 6. Purchasing All procurement policies and procedures apply to all purchases of goods and services regardless of funding source. Goods, services and equipment includes but is not limited to computers, stationary, office supplies, IT services, accountancy or other services. No goods, services or equipment may be purchased on behalf of UCCAL other than in accordance with Table 6 below. Goods, Services & Equipment < 500 Goods, Services & Equipment >= 500 Goods, Services & Equipment > 10,000 CEO or Nominee CEO or Nominee CFO UCC Academy Ltd CEO Table 6 Insurance Contracts ( see separate section ) All overruns on service contracts > 10,000 8

9 and Policy 7. Settlement Agreements This section applies to any document that settles a legal claim against UCCAL. A legal claim includes a civil action, or complaint before a judicial or quasi-judicial tribunal or any other action that potentially involves the liability, or potential liability, of UCCAL. Table 7 Settlement agreements up to a value of 5,000 CEO Settlement agreements for all values above > 5,000 (2 8. Acquisition/Set up Subsidiary/Representative Office/Joint Ventures Acquisition or creation of a wholly owned subsidiary company Disposal /closure of subsidiary company Representative Office 2 Directors and CEO CFO for CEO OCLA 2 Directors and CEO CFO for CEO OCLA Board of Directors (at least 2 UCC Academy Ltd Table 8 9

10 and Policy Joint Ventures Board of Directors (at least 2 OCLA 9. Lease/Licence Agreements Table 9 applies to all contracts relating to leases/licence agreements All rental agreements up to one year All rental agreements greater than one year CEO Table Delivery of Services by UCCAL Table 10 applies to all contracts entered into by UCCAL in connection with the delivery of services by UCCAL. Management Agreement with UCC Table 10 10

11 and Policy Template Service Level Agreement with UCC Service Level Agreements with UCC Service Level Agreement with Third Party CEO 11. Legal Pre-litigation letter/threatened legal proceedings Commencement of Legal Proceedings by UCCAL Settlement of Legal Proceedings involving UCCAL (other than employment related proceedings) Commencement of Disciplinary Process Termination of Employment Appeals against termination of employment Defence of claims under the Industrial Relations Acts CEO 1 Director and CEO CEO CFO or CFO UCC Academy Ltd Corporate Secretary Table 11 11

12 and Policy Settlement of employment related claims < 5,000 Settlement of employment related claims > 5,000 Instruction of External Legal Counsel CEO CEO CEO/CFO CFO UCC Academy Ltd 12. Policy Approval and Review Policy Approval and Review Policy Version No. 1 Authority Date Approved Meeting 18 th May