The following Banking & Finance Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
A debenture is a written agreement between a lender and a borrower giving security (whether by fixed or floating charge) over the assets of a company, and is registered at Companies House. Section 859A of the Companies Act 2006 (CA 2006) provides that a charge created by a company must be registered by the registrar provided that a CA 2006, s 859D statement of particulars is delivered to the registrar within a period of 21 days after the creation of the charge unless an order extending time has been made. The particulars required do not include the registered address of the company and therefore an error in a debenture referring to the old registered office would not have pr
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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
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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