The following Banking & Finance practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains information on subjects potentially impacted by the government and regulators' responses to the coronavirus (COVID-19) outbreak. We are reviewing our content on the basis of information available and will keep it under regular review. For information on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) toolkit and Practice Note: Coronavirus (COVID-19)—implications for derivatives transactions.
It is important that the Master Agreement correctly identifies the party with whom Transactions will be entered into:
in complex corporate organisations it is easy to mistake similarly named entities;
the entity named must be in an acceptable jurisdiction and have the requisite authorities and regulatory approvals to transact;
the name of the party to the Master Agreement must match that on any existing Transactions which it is intended to govern
Where the counterparty is an entity in a different jurisdiction, legal due diligence on that party is required, using the ISDA netting legal opinions as a starting point (see Practice Note: ISDA netting legal opinions), to ensure that the contract being agreed is fully enforceable in that jurisdiction.
Common practice in the derivatives markets is for the entry into Transactions to be made ahead of the execution of a Master Agreement. As such, the Master Agreement
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BREXIT: 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 e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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