Halford, (35) one of the first reported decisions in which such objections were raised, Vice-Chancellor Hall was emphatic that he could not</p> <pre> in the absence of authority say that a parent or appointor
Over time] it became usual, especially in the case of great landowners, to appoint attorneys to attend to all suits which might arise during a specified period during the life of the appointor
, or in a particular county or court.
The person being appointed should be someone the appointor trusts and a person with whom they can discuss their views about what they want to happen should they lose capacity.
When the form to appoint an enduring guardian has been completed, the appointor and proposed enduring guardian must sign the form.
The appointor can limit or exclude the authority given in relation to the functions in the appointment and can add any other function relating to the appointor's person.
However, the appointor must then bear the downside risk of new money injected to attempt to resuscitate the firm, whereas the unsecured creditors will realize any upside from the new money.
On the other hand, the incentives of the receiver and the appointor are not to maximize the value of the concern, but rather to realize the proceeds from a sale as quickly as possible at any value up to, but not necessarily above, the claim of the appointing creditor.
In the UK, there is little communication between the receiver and creditors other than his appointor.
If new funds have to be invested, creditors, other than the appointor, may refuse to contribute, even though they might benefit, when those new borrowings will be junior to all other claims.
A second free-rider problem arises in the UK receivership system when creditors other than the appointor of the receiver, refuse to contribute towards new financing although they may benefit if the new financing adds value.
Under Section 5, Chapter V of Thoughts 011 Nigerian Constitution, I have proposed the establishment of a COLLEGE OF APPOINTORS which, I believe, will make the appointment of the members of these Commissions completely free from any political influence.
In the public sector, the appointors
of an organization's governing body do not necessarily have an ongoing financial interest.