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GLOSSARY
The Dodd Frank Wall Street Reform and Consumer Protection Act 2010, a corporate governance regime in the United States.
PRACTICE NOTES
STOP PRESS: The Financial Choice Act, which was passed in US House of Representatives on June 2017 seeks in large part to undo many of the restrictive provisions of the Dodd-Frank Act, including the Volcker Rule. Following the passage of the Financial Choice Act, the US Treasury released a 150-page report (‘Treasury Report’) to President Donald J. Trump examining the United States’ financial regulatory system and detailing executive actions and regulatory changes that can be immediately undertaken to provide relief to firms. Below is a list of some of the ways in which to the Financial Choice Act would change the post Dodd-Frank Act regulatory structure: • providing relief for strongly capitalized, well managed financial institutions, including: ◦ providing an ‘off-ramp’ from the post-Dodd-Frank supervisory regime and Basel III capital and liquidity standards for banking organizations that choose to maintain high levels of capital ◦ permitting banking agencies to conduct stress tests (but not limit capital distributions) of a banking organization that has made a qualifying capital election • repealing
Q&As
Article 56 of the Treaty on the Functioning of the European Union (TFEU) TFEU, art 56 prohibits EU Member States from restricting the freedom to provide services. TFEU, art 56 is said to apply to services which constitute economic activity. ‘Services’ in this context should involve an economic element in order to be regarded as a service within the meaning of TFEU, art 56. This includes services which are normally provided for remuneration, though the remuneration does not need to come from the recipient of the services (see Deliège). TFEU, art 56 does not apply to purely internal situations―ie the relevant elements of the economic activity should not be confined within a single Member State. There should be a cross-border element to the provision of the service in question; for example, where a service provider moves to a Member State other than the State in which they are settled in order to supply the services. TFEU, art 56 prohibits all discriminatory measures. In Commission v Italy, the Court
Q&As
Civil Procedure Rules contain two separate provisions relating to agreed extensions of time: CPR 3.8(4) gives a general permission to agree extensions, whereas CPR 15.5 relates specifically to the defence. While this Q&A refers to ‘service’ of the defence, but the requirement in CPR 15.4 is to file the defence within the set period. There is no express time limit for service (CPR 15.6), although an unserved defence risks being struck out. Accordingly, the power to agree an extension of time under CPR 15.5 expressly relates only to filing of the defence, not to its service. Therefore, the short answer to the question is that, regarding service of the defence, there is no time limit to be extended. Where an extension is required for the preparation of the defence so that it can be served and filed,
Q&As
With the exception of the grant of a lease, an acquisition of a chargeable interest by a bare trustee is treated as an acquisition by the beneficiary (paragraph 3 Schedule 16 to the Finance Act 2003 (FA 2003)). FA 2003, s 53 applies where there is a land transaction between a vendor and a company purchaser and the vendor and company purchaser are connected within section 1122 of the Corporation Tax Act 2010. FA 2003, s 53 also applies
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In the case of Foxtons v Pelkey Bicknell, the Court of Appeal considered whether commission was due to Foxtons estate agents by Mrs Bicknell, because the person who ultimately purchased Mrs Bicknell’s house had been introduced to the house by Foxtons. When Mrs Bicknell decided to market her property for sale, she initially appointed Foxtons on a sole agency basis. The terms of the agreement provided that commission would be payable to Foxtons if contracts for sale of the house were exchanged ‘with a purchaser introduced by us during the period of our sole agency or with whom we have had negotiations about the property during that period; or with a purchaser introduced by or offering via another agent during that period’. While instructed under a sole agency basis, Foxtons introduced Mr and Mrs Low to the house. However, the Lows lost interest and there was no offer to buy. The sole agency
Q&As
We do not have a Practice Note on the specific point raised in the question. However, we can refer you to the following guidance which you may find useful for your purposes. The Office of Communications (Ofcom) acts as the communications regulator, empowered by the Communications Act 2003 (CA 2003). Providers of electronic communications networks (ECN) must comply with Ofcom’s General Conditions
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As further explained in Practice Note: SDLT—administration and compliance, HMRC has powers of discovery assessments in the context of stamp duty land tax (SDLT) under paragraph 28, Schedule 10 Part 5 of the Finance Act 2003 (FA 2003). HMRC’s powers to make a discovery assessment are limited by paragraph 30 of the same schedule (FA 2003, Sch 10 Pt 5, para 30) in the circumstances where a land transaction return has been made for the transaction in question. In those circumstances, HMRC can only
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It is possible for an employee (or director) and employer to make a joint election under section 431 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) for employment-related securities to be removed from the restricted securities regime. Where such an election is made in the approved form within 14 days of acquisition: • the income tax (and National Insurance contributions) charges to which the employer or director (and employing company) is subject on acquisition are computed by reference to the full unrestricted market value of the employment-related securities at that time, and • no further income tax charges will arise under the restricted securities rules on subsequent chargeable events This means that any increase
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HMRC guidance states that: 'Paperless transfers of stocks, shares and other securities are exempt from SDRT (there is no tax to pay) if they are:… • transfers that a liquidator makes as settlement to shareholders when a business is wound up' Stamp
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What does Insurance Distribution Directive apply to? Article 1(2) of the Insurance Distribution Directive (IDD) states that the IDD applies to any natural or legal person who is established in a Member State or who wishes to be established there in order to take up and pursue the distribution of insurance and reinsurance products. Article 2(2) of IDD means that the activities of advising on, proposing,
Q&As
This Q&A assumes that this query relates to an opposition in respect of a UK trade mark application. If you are looking for Precedents, you should carry out your search, then filter by 'Precedents, drafting notes and clauses'. We do not have