Welcome to the weekly Financial Services highlights from the Financial Services team for the week ending 28 March 2019. This week’s edition of Financial Services highlights provides an aggregation of the news reported by the LexisPSL Financial Services team over the past week and includes (1) news items relating to the UK’s decision to leave the EU (2) updates from UK Regulators (3) updates from EU and International Regulators (4) updates from industry bodies and market participants (5) new and updated content and (6) dates for your diary from Financial Services.
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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
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