The following Banking & Finance practice note provides comprehensive and up to date legal information covering:
STOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is affected by the Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645 (the Regulations), which temporarily extend some deadlines for filing documents or notices with Companies House. In so far as it may affect the content below, the Regulations:
extend the period for filing charges under section 859A of Companies Act 2006 (CA 2006) from 21 days to 31 days beginning with the day after the date of creation of the charge—Companies House guidance issued on 1 July 2020 states that this applies to charges created on or after 6 June 2020
extend the period for registration of instruments of alteration of floating charges granted by Scottish companies under section 466 of the Companies Act 1985, and
increase to 42 days the period for notification of the place where copies of instruments creating charges are kept under CA 2006, s 859Q
The temporary extension does not apply to periods for registration extended by an order of the court under CA 2006, s 859F.
The Regulations came into force on 27 June 2020 and expire on 5 April 2021.
For transactions which involve security, it is extremely important to ensure that all perfection requirements are dealt with after completion. The lawyers acting for the lender(s) will usually deal with perfection
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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 considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
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.
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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