The following Tax practice note Produced in partnership with Eloise Walker of Pinsent Masons provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Tax?
It is standard market practice for loan agreements (also known as facility agreements), whether bilateral or syndicated, to:
prohibit a borrower from deducting (or withholding) an amount from any payment unless that deduction is required to be withheld by law, and
where tax is obliged by law to be withheld from a payment (such as withholding tax on interest), require (subject to limited exceptions) a borrower to pay an additional amount that, after deduction of the tax, will leave the lender with the same amount as it would have been entitled to receive had no tax been required to be withheld from the payment—this is known as the tax gross up
The prohibition on withholding is general and applies to any form of withholding. It would, for instance, prevent the borrower from deducting an amount owed by the lender to the borrower.
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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,
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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