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What is CDD? Customer due diligence (CDD) is a package of measures which credit institutions (such as banks) and other financial institutions are required to apply to their customers to ensure, as far as practicable, that the financial system is used only by bona fide persons for bona fide purposes. CDD is also known as know your customer (KYC). In the UK, CDD requirements are set out in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (2017 MLRs), which implement the Fourth Money Laundering Directive (EU) 2015/849 (MLD4) and the Second Wire Transfer Regulation (EU) 2015/847 (WTR2) in the UK and entered into force on 26 June 2017. The 2017 MLRs replaced the Money Laundering Regulations 2007, SI 2007/2157 (2007 MLRs), which implemented the Third Money Laundering Directive 2005/60/EC (MLD3) in the UK. When is CDD required? 2017
Q&As
What is CDD? Customer due diligence (CDD) is a package of measures which credit institutions (such as banks) and other financial institutions are required to apply to their customers to ensure, as far as practicable, that the financial system is used only by bona fide persons for bona fide purposes. CDD is also known as know your customer (KYC). In the UK, CDD requirements are set out in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (2017 MLRs), which implement the Fourth Money Laundering Directive (EU) 2015/849 (MLD4) and the Second Wire Transfer Regulation (EU) 2015/847 (WTR2) and entered into force on 26 June 2017. The 2017 MLRs replaced the Money Laundering Regulations 2007, SI 2007/2157 (2007 MLRs), which
Q&As
This Q&A considers the situation when a trader wants to include additional terms into a secondary debt trade confirmation which were not agreed on the trade call. In short, the additional terms will not be incorporated into the trade, unless the counterparty agrees to amend the terms of trade in the way the trader suggests. This is because established secondary market practice in the UK is that a binding contract is formed at the point of the trade call, and any subsequent additions to this contract will constitute an amendment or variation to the terms of the contract which will need to be made in accordance with the established principles of contract law. When is a trade binding? This Q&A is written on the assumption that the trade is being documented using the Loan Market Association's (LMA) recommended documentation
Q&As
In practice, this does not appear to be the appropriate course. The interest required to extract a citation logically depends on the type of citation in question. There are three types, under rules 47 and 48 of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 • citations to accept or refuse a grant of probate or administration, under NCPR 1987, SI 1987/2024, r 47(1), aimed at making those who have a right to a grant either take one or renounce, may be issued at the instance of any person who would themselves be entitled to a grant in the event of the citee renouncing. I assume this is not the case
Q&As
If a close relative (other than a spouse or civil partner) of a beneficiary were to act as one of the witnesses to the testator's signature on a Will, that would not invalidate the gift to that beneficiary. However, as explained in Butterworths Wills, Probate and Administration
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We do not have a Practice Note which provides guidance on the specific question which you have raised. However, the following information may assist you in your research: Formalities of a statutory declaration A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. In order to be valid under the Statutory Declarations Act 1835 (SDA 1835), a statutory declaration must be in a prescribed form. Depending upon the circumstances, it is important to check the basis on which the statutory declaration is made to ensure that relevant information is included in the declaration, all additional formalities have been satisfied, and supporting documentation is provided and annexed to the declaration, where appropriate (for example the content of the statutory declaration of solvency is prescribed
Q&As
Case study I am developing an ex-council house that was sold under the Housing Act 1980 (HA 1980) right to buy. A charitable housing association (rather than local authority) now has the benefit of a restrictive covenant on the title and they are asking for a payment to release the restrictive covenant. I have corresponded with the housing association citing the case of R v Braintree. The housing association have made two points: Braintree was decided under the Housing Act 1985 (HA 1985) and can, therefore, be distinguished from the present case as the property was sold under the HA 1980; they state that as a charity they
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Registering a security at Companies House The period allowed for delivery of a registrable charge, together with the statement of particulars is 21 days beginning from the date of creation of the charge unless an order allowing an extended period is made under the Companies Act 2006, s 859F(3) (CA 2006). See Practice Note: Registering security at Companies House—Time period for registering charges at Companies House for more information on registration in general. Tolley's Company Law Service: Registration of charges at C5412 provides detailed information on determining the date of creation of a charge. What happens if a charge is not registered at Companies House? If a company or LLP creates a charge to which CA 2006,
Q&As
Case study:'I am drafting a Part 8 Claim Form to restore a company to the Register under Section 1029 of the Companies Act 2006 in circumstances where an application for voluntary strike-off was made by its directors under Section 1003 of the Act (in error). The PD to Part 49 states that where the an application is made under the Act and the company concerned is not the Claimant, it should be made a defendant to the Part 8 Claim. Section 1029 of the Act does not include the company in the category of proposed applicants. The TSOL guidance does not assist (nor does it state that any
Q&As
We do not have the precise precedent referred to in your question. However, the following Precedents may be adapted for your purposes: • Deed of surrender of part of a smallholding with variation of rent • Agreement between a landlord and the outgoing and incoming tenants as to the compensation to be paid for improvements • Agreement between a landlord and tenant as to the compensation to be paid on termination of the tenancy of an agricultural holding • Specimen agreement for sale of freehold agricultural property with vacant possession or subject to occupational tenancies, licences
Q&As
No particular form of words is required when varying a lease generally. A lease may be varied by deleting particular provisions, by deleting provisions and substituting alternative provisions or by adding new provisions. An