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Delegation: Difference between revisions
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{{a|aifmd|}}[[Delegation]], like [[agency]], is a fertile source of legal [[maxim]]. There are two crackers: | {{a|aifmd|}}[[Delegation]], like [[agency]], is a fertile source of legal [[maxim]]. There are two crackers: | ||
*[[Delegatus non potest delegare]] - someone to whom you have delegated a power cannot, unless you have specifically empowered that person to do so, onwardly delegate it; | *[[Delegatus non potest delegare]] - someone to whom you have delegated a power cannot, unless you have specifically empowered that person to do so, onwardly delegate it; | ||
*[[Nemo dat quod non habet]] one cannot give, or delegate, a right you | *[[Nemo dat quod non habet]] one cannot give, or delegate, a right you don’t have. | ||
This latter one ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. For if, by the lights of the law, X has no right to do a thing, it follows as a matter of ineffable Latin logic that nor may any of X’s servants, [[agent]]s, [[mediocre lawyer|attorney]]s, [[nominee]]s or [[delegate]]s, unless that person happens independently to have {{sex|her}} own right to do it, conferred by some other means — in which case this stipulation will singularly fail to prevent that person from doing that thing anyway. | This latter one ought, but does not, nix that tedious drafting construction: “neither X, ''[[nor anyone acting on its behalf]]'', may do Y”. For if, by the lights of the law, X has no right to do a thing, it follows as a matter of ineffable Latin logic that nor may any of X’s servants, [[agent]]s, [[mediocre lawyer|attorney]]s, [[nominee]]s or [[delegate]]s, unless that person happens independently to have {{sex|her}} own right to do it, conferred by some other means — in which case this stipulation will singularly fail to prevent that person from doing that thing anyway. | ||
==Delegation under AIFMD and UCITS== | ==Delegation under AIFMD and UCITS== | ||
{{Delegation vs subcontract}} | |||
{{sa}} | {{sa}} | ||
*[[Circle of delegation]] | *[[Circle of delegation]] | ||