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Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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9th Nov
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Companies content

Practice notes
A minority member in a company does not have much power to influence its management or any majority member(s) and, therefore, sometimes their...
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26th Apr
Practice notes
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...
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22nd Apr
Practice notes
This Practice Note considers the nature of shares in a company and the classes into which they can be divided. If a company has shares of different...
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22nd Apr
Practice notes
A company having a share capital may have separate classes of shares. As a general rule, a type of share will form a separate class from other shares...
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22nd Apr
Practice notes
A company’s share capital comprises the number of shares it has issued and allotted to shareholders at any given time. This Practice Note considers...
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21st Apr
Practice notes
This Practice Note focuses on how a company secretary of a public company (as defined) or a private company (as defined) may be removed.It does not...
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8th Apr
Practice notes
This practice note focuses on how a company secretary of a public company (as defined) or a private company (as defined) may resign.It does not...
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8th Apr
Practice notes
Directors are the agents of a company who manage its day-to-day business and owe a number of duties to it. The Companies Act 2006 (CA 2006) codified...
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6th Apr
Q&As
Business Property Relief (BPR)The legislation for BPR relief from Inheritance Tax (IHT) is to be found in sections 103–114 of the Inheritance Tax Act...
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Produced in partnership with Ward Hadaway 5th Mar
Q&As
Different countries have varying company law requirements in relation to the criteria that some or all of the directors of companies registered or...
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3rd Mar
Practice notes
This Practice Note focuses on the law and practice relating to the appointment of directors and how a director can retire or resign. It examines the...
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1st Mar
Practice notes
This Practice Note focuses on how a company secretary of a public company (as defined) or a private company (as defined) may be appointed. It does not...
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1st Mar
Practice notes
Coronavirus (COVID-19): Following the COVID-19 outbreak, some Companies House filing and other administrative procedures have been temporarily...
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26th Feb
Q&As
A negligible value claim can be made where an asset has become of negligible value (worth next to nothing). It allows the shareholder to claim a...
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15th Feb
Q&As
Pursuant to the Companies Act 2006 (CA 2006), a limited company having a share capital may issue redeemable shares of any class. However, a public...
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Produced in partnership with Louise Wolfson 15th Feb
Q&As
The Companies Act 2006 is silent on the point raised in this Q&A and we have been unable to find case law on this specific point.Appointing a director...
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6th Dec
Q&As
Non-tax reasons for holding a company in trustA shareholder trustee has all the same rights and duties of a shareholder who is absolutely entitled to...
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29th Nov
Q&As
We refer you to Practice Note: Purchasing a company from trustee shareholders, which sets out the key issues to consider when purchasing shares from a...
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29th Nov

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