The following Banking & Finance practice note Produced in partnership with Neil Waller of Trowers & Hamlins provides comprehensive and up to date legal information covering:
This Practice Note explains the nature of social housing entities, how they are regulated and the regulatory, corporate and charity law issues that need to be considered when social housing entities enter into finance transactions.
Nearly all housing associations that raise private finance in England are regulated as ‘Registered Providers’ of social housing. This means that they are registered with the Regulator of Social Housing in England. In Wales, the Welsh Government performs this function and housing associations registered with them are known as Registered Social Landlords (RSLs).
In England, registered providers are divided into private providers and local authority providers. The category of private providers is then sub-divided further into not-for-profit and for-profit providers. To date, private for-profit providers and local authority providers have not raised significant amounts of finance in their own right compared to not-for-profit providers. This Practice Note purely focuses on private not-for-profit providers of social housing registered in either England or Wales, referred to in this Practice Note as ‘RPs’.
RPs may have a number of different corporate statuses and although most of them have charitable status, this is not always the case.
Most RPs are structured as Community Benefit Societies, registered under the Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014). A few organisations are structured as companies limited by guarantee, registered under the Companies Act 1985
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BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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