The following Financial Services practice note provides comprehensive and up to date legal information covering:
BREXIT: The UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on payment services regulation, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick guide.
Regulated firms will be familiar with the concept of passport, but it may be a new concept for those coming from outside the financial services industry. Passporting draws on European jurisprudence relating to the freedom to either provide services on a cross-border basis or the freedom to establish a branch in other European Economic Area (EEA) States. Authorised e-money institutions (EMIs) are able to issue, distribute or redeem e-money, or provide payment services, in other EEA States. To do so, they need to go through the passporting process. Likewise, EMIs authorised in another EEA state will need to notify their home state regulator if they wish to engage in the same activities in the UK. For provision of services or setting up a branch outside of the EEA, EMIs will need to consider the impact of relevant local laws. Materials relevant to passporting can be found on the Financial Conduct Authority’s (FCA) passporting webpage and in chapter 6 of the FCA document Payment Services and Electronic Money –Our Approach (FCA Approach Document).
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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