The following Practice Compliance practice note provides comprehensive and up to date legal information covering:
This Practice Note is a one-stop shop overseas customer/client due diligence (CDD) resource that saves time and effort by taking you straight to the company registry for any particular country. It sets out a hyperlinked list of CDD resources by country in alphabetical order, from Afghanistan to Zimbabwe.
CDD is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, which came into force on 26 June 2017, as amended by the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, SI 2019/1511 from 10 January 2020.
For more information on the MLR 2017 CDD requirements and when they apply, see Practice Notes: Money Laundering Regulations 2017—customer due diligence, and for law firms Money Laundering Regulations 2017—client due diligence.
Remember that it is for you to assess and decide what evidence is appropriate to verify the identity of your customer/clients. This Practice Note contains details several sources which may help you make that assessment in relation overseas companies.
Where the client is a legal person, trust, company, foundation or similar legal arrangement you must take reasonable measures to understand the ownership and control structure of that client.
Evidence of identity can be obtained in a number of forms and come from a number
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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
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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