Gain clarity on set-off and netting with our specialised guidance tailored for legal professionals working in the banking and finance sector. This topic offers clear, practical insights into mitigating risks and optimising financial positions through effective set-off and netting strategies. Stay informed on the latest legal frameworks, case law, and best practices to ensure robust financial management and compliance.
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Types of set-offThere are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as equitable set-off)•contractual set-off•insolvency set-off, and•banker's set-off (sometimes known as current account set-off)This
What is the banker’s right of set-off?The banker’s right of set-off refers to the right of a bank to combine two or more of a customer’s accounts held with that bank, where one account has a credit balance and the other has a debit balance, in order to give a net position. There is a debate as to
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
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