There are certain kinds of goodwill1 to which a mortgagee is entitled. The goodwill which attaches to a particular house increases the value of that house, and therefore the mortgagee is entitled to it2. A mortgage of premises comprised in a colliery lease which was subject to a condition that unless the seams of coal were worked the lessor might re-enter was held to charge the business3. Goodwill which arises from the personal reputation that a man has made for himself does not pass to the mortgagee of his house, but is a thing personal to the man whose
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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