The Pensions Regulator1 must determine the procedure that it proposes to follow in relation to the exercise of its regulatory functions2. The Determinations Panel3 must determine the procedure to be followed by it in relation to any exercise by it on behalf of the Regulator of: (1) the power to determine whether to exercise a regulatory function; and (2) where the Panel so determines to exercise a regulatory function, the power to exercise the function in question4. The procedure determined under these provisions5: (a) must provide for the procedure required under the provisions for the standard procedure6 and the
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STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
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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