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PRACTICE NOTES
Where to Notify What is the Where to Notify tool? The Where to Notify tool automates the process of working out where a merger might need to be notified, it does all the currency calculations and cross checks against all current notification thresholds. It is part of our multi-jurisdictional merger service, which also includes local merger guides (covering over 150 jurisdictions), a notification service (see below), a MJ merger control news feed, a grid summarising jurisdictional issues and a grid summarising procedural issues. How does Where to Notify work? Where to Notify uses the data inputted and runs it across algorithms that have been created for every country with notification thresholds and reports on jurisdictions where the thresholds are met. Official European Central Bank (ECB) rates (Open Exchange rates for those currencies not tracked by the ECB) are used for currency conversions. The inputted data is secured using encryption technology. Worldwide thresholds are kept up to date through our monitoring of national regimes and intelligence received from our network of local lawyers.
Q&As
How could a testator (parent) make funds available to a beneficiary (child) without delay on death, whilst probate is being obtained? We refer you to Practice Note: Devolution of assets and the need for a grant, which explains the circumstances in which assets may pass without a grant of probate. Some examples that could be useful in this scenario are as follows: • certain authorities have a discretion to transfer
Q&As
On the death of a testator, a liability to inheritance tax (IHT) will depend on several factors including the extent to which reliefs and exemptions are available such as spouse exemption and agricultural property relief (APR). The reversionary gift to charity is ignored for the purpose of calculating the rate of tax on the testator's death and charity exemption is not available because the charity does not take immediately and outright on the testator's death (Section 23(2)(a) of the Inheritance Tax Act 1984 (IHTA 1984)). Will trusts will either be relevant property trusts (defined in IHTA 1984, s 58) for inheritance tax or qualifying interests in possession (defined in IHTA 1984, s 59). For further
Q&As
There are certain formalities contained in particular within section 53 of the Law of Property Act 1925 (LPA 1925), and it is assumed for the purpose of this question that those formalities have been satisfied. It is also assumed that the trust does not offend by reason of a lack of specificity of beneficiaries, (the class of beneficiaries established by the inter vivos trust being the ‘descendants’ of the settlor) and does not breach the rules relating to perpetuities. For further guidance on the requirements for a valid express trust, see Practice Note: Creation of trusts—express trusts. This question relates to
Q&As
This Q&A is relevant where there is no surviving joint owner of the property. A surviving joint owner would be able to take all steps necessary to obtain possession. The role of an executor is to execute the provisions specified by the deceased in their Will. Ordinarily, in order to carry out the provisions of the Will, the executor will gather in all of the assets, settle the liabilities and then distribute the proceeds of the Estate in accordance with its provisions. To facilitate this process, the executor requires recognition of the legitimacy of that role,
Q&As
The Financial Services and Markets Act 2000 (FSMA 2000), the Prudential Regulation Authority (PRA), Rulebook and Financial Conduct Authority (FCA) Handbook set out the requirements for an EEA firm seeking to exercise an entitlement to establish a branch or provide cross-border services in the UK under the Single
Q&As
Sub-tenants may remain in possession following a disclaimer of the head-lease, since the head-lease is only determined as between landlord and tenant but not (in the same way) as between tenant and sub-tenant. This is explained in Chapter 5 of Butterworths Property Insolvency, at 5.26 under the heading ‘What is the effect of disclaimer?’ The sublease continues in a manner sufficient to give effect to the sub-tenant's continuing right to possession. However the head-landlord is not bound to respect the terms of the sub-lease. He can re-enter or exercise his other proprietary remedies
Q&As
In order for a Will to be valid under English law, it must be formally valid in accordance with the Wills Acts and the testator must have had testamentary capacity when making the Will. For more information on the formal validity of Wills, see Practice Note: Validity of Wills—form of Will. For further information on testamentary capacity, see Practice Note: Capacity to make or revoke a Will. Where an individual
Q&As
The regulation of consumer credit The regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/554) (RAO 2001). Does the Consumer Credit Act 1974 apply? As a starting point, if the borrower is an individual
Q&As
Transfer of title When an individual is adjudicated bankrupt, his property (with the exception of an interest in various short-term residential tenancies in certain circumstances) vests in the trustee in bankruptcy. The family home is often the principal asset. See Practice Note: Possession and sale applications in respect of a bankrupt's family home. In order to effect a transfer of title to the property from the husband’s sole name to that of the wife in these circumstances, it may be possible for the trustee in bankruptcy to execute a TR1 to effect this transfer; see form Transfer of whole or Smart form TR1—Transfer of whole of registered title(s) and additional provisions in Precedent: Transfer clauses—sale by trustee in bankruptcy—bankrupt sole owner. Please
GLOSSARY
See Article 25(1) of Retained Regulation (EU) 910/2014, the UK eIDAS Regulation The UK eIDAS Regulation does not expressly state what the legal effect of a basic electronic signature will be, other than providing that it cannot be denied legal effectiveness and admissibility in evidence solely because it is in electronic form or does not meet the requirements of qualified electronic signatures. However, UK courts will apply their existing approach to basic electronic signatures. This is the same as the EU eIDAS Regulation save that Article 25(3) of the EU eIDAS Regulation is not retained in the UK eIDAS Regulation because the UK is a third country and there is no recognition of qualified electronic signatures in the EU where they are certified by a UK qualified trust service provider. Basic/simple/standard electronic signatures are commonly used in transactions.