Undisclosed definition

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Mandatory Disclosure Rules (MDR) hallmarks—Table

Mandatory Disclosure Rules (MDR) hallmarks—Table This Table sets out the hallmarks for the Mandatory Disclosure Rules (MDR) regulations in effect from 28 March 2023 which implement the Organisation for Economic Cooperation and Development (OECD) model rules in the UK and entirely revoke EU Directive 2018/822 DAC 6 in the UK from the same date. It is designed to be read alongside the main Practice Note: Disclosable cross-border tax arrangements—Mandatory Disclosure Rules (MDR). The generic hallmark for a Common Reporting Standard (CRS) avoidance arrangement is any arrangement where it is reasonable to conclude that it has been designed to circumvent CRS legislation or has been marketed as or has the effect of doing so. Just because an arrangement has the effect of non-reporting does not mean that it circumvents the CRS legislation—it would also need to be reasonable to conclude that the arrangement undermines the intended policy of the CRS legislation. There are also specific hallmarks which identify known features of CRS avoidance arrangements. These specific hallmarks have been...

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Invoice discounting and factoring

The popularity of financing business through invoice discounting and factoring of receivables has grown significantly in the UK over the last 25 years.Invoice discounting and factoring are types of receivables financing whereby a company, sole trader or partnership, known as the client, sells (ie assigns) its book debts (or receivables) together with all related rights, to an invoice discounter or factor (each a receivables purchaser) at a discounted rate. The advantage to the client is that it enjoys a more predictable and liquid cash-flow cycle.This Practice Note:•explains the basic difference between invoice discounting and factoring•illustrates the invoice discounting and factoring process•highlights the challenges that can arise in relation to the purchase of a receivable, and•provides a brief overview of the UK-based trade association for asset based financing (including receivables finance)Distinguishing between invoice discounting and factoringBoth invoice discounting and factoring facilities involve the purchase of receivables from a client by the receivables purchaser at a discounted rate.The principal difference between the products is whether the sales ledger administration and collection functions...

Ireland—Trade secrets and confidential information

Ireland—Trade secrets and confidential information This Practice Note sets out the protection available for trade secrets and confidential information in a commercial and employment context in Ireland. It outlines the common law and the law under SI No 188/2018 European Union (Protection of Trade Secrets) Regulations 2018 (Ireland) (the Trade Secrets Regulations (IRL)). Topics to be covered in this Practice Note include: • defining ‘trade secrets’ and ‘confidential information’ • protecting trade secrets and confidential information in the commercial and employment context • the concepts of fidelity and confidentiality • distinguishing between general knowledge and trade secrets • secondary liability • injunctions • other relief: damages, account of profits • European influence: Directive (EU) 2016/943 and SI No 188/2018 European Union (Protection of Trade Secrets) Regulations 2018 (Ireland) (the Trade Secrets Regulations (IRL)) Introduction to the laws protecting confidential information and trade secrets in Ireland Historically, Ireland had no statutory regime to address the protection of trade secrets and other confidential information. Their protection derived solely from equitable common law...

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Special conditions of sale for sale by auction where RICS Common Auction Conditions (4th edition) are used [Archived]

Special conditions of sale for sale by auction where RICS Common Auction Conditions (4th edition) are used [Archived] ARCHIVED: This Precedent has been archived and is not maintained. Special conditions Note: words in capitals and/or bold have special meanings that are defined in the Glossary. Words that are neither in square brackets nor in italics constitute the Special Conditions applicable to the relevant Lot. References to the General Conditions are for convenience only and are not intended to be comprehensive. Lot Number [insert] Name and address of Seller [[insert name of seller] of [insert address] OR Undisclosed—to be identified in the sales memorandum] Name, address and reference of seller’s solicitors [insert name] of [insert address][insert reference] Description of Lot See Condition G1.1 [insert postal address] Rights to be granted See Condition G1.1 [None OR [Insert details]] Rights to be reserved See Condition G1.1 [None OR [Insert details]] Exclusions See Condition G1.1 [None OR [Insert details]] Tenancies See...

Ireland—Non-confidential disclosure letter agreement

This Precedent is for use where one party is providing information to another on a non-confidential basis. This is intended to cover the situation where a business accepts submissions for ideas for new research or technological development, for example designs, inventions or apps. The recipient business will not want to commit to keeping information in submissions confidential in case this has the effect of restricting its ability to fully exploit similar research or development that it has been carrying on independently. Instead, the onus is on the disclosing party to rely on any intellectual property rights which may subsist, such as patents or design rights, to protect the subject matter of their submission. This letter is drafted from a pro-recipient perspective. The disclosing party should therefore be careful how much information they disclose in this way and ensure that a binding confidentiality agreement is entered into before disclosing commercially sensitive or confidential information that is not in the public domain or any inventions that are not yet protected by patents...

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Dapagliflozin—UK court reaffirms plausibility standard despite G 2/21

IP analysis: In a significant UK ruling in Generics (UK) Ltd v AstraZeneca AB, the High Court of England and Wales provided a comprehensive restatement of how inventive step and sufficiency are assessed in the UK in light of the concept of ‘plausibility’. Ian Jones, partner, of Gill Jennings & Every LLP considers the court’s ruling.

To disclose or not to disclose? Brazil’s unsettled case law on arbitrators’ duty of disclosure (Orion v Engie)

Arbitration analysis: Reversing a first-instance judgment, the Court of Appeals of the State of São Paulo annulled an arbitral award after concluding that one of the co-arbitrators breached his duty to disclose that he had previously served in another arbitral tribunal with one of the attorneys for the prevailing party. The court held that, under Brazilian law, arbitrators’ duty of disclosure is objective and continuous, and failure to reveal facts capable of creating a ‘reasonable doubt’ as to an arbitrator’s impartiality and independence suffices to vitiate the award, even in the absence of evidence of actual bias. This decision is significant for arbitration practitioners, as it occurs during a period of heightened scrutiny regarding arbitrators’ disclosure obligations in Brazil. Written by Renato Stephan Grion, partner at Pinheiro Neto Advogados, and Guilherme Piccardi, senior associate at Pinheiro Neto Advogados.