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Q&As
If a fixed term Assured Shorthold Tenancy (AST) contains a break option, this will fall within the definition of a ‘power’ for the landlord to terminate the fixed term pursuant to section 5(1)(c) of the Housing Act 1988 (HA 1988). The effect of service of a break notice will be to bring the contractual tenancy to an end, but the landlord will still need to serve a notice pursuant to HA 1988, ss 8 or 21 to determine
Q&As
In order for capital gains tax (CGT) business asset disposal relief (BADR) to apply, the requirements set out under sections 169H–169SH of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) will need to be met. In summary, in the context of an employee's shares in their employer (which is either a trading company or the holding company in a trading group), the relevant employee will need to: • be an employee or officer of the company (or, if the company is the holding company of a trading group, of another company in its group) • hold at least 5% of the company's ordinary share capital and, by virtue of that holding, at least 5% of the company's voting rights, and • by virtue of that holding, they must also either be beneficially entitled to at least 5% of the proceeds
Q&As
In order for capital gains tax (CGT) entrepreneurs' relief (ER) to apply, the requirements set out under sections 169H–169SA of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) will need to be met. In summary, in the context of an employee's shares in their employer, the relevant employee will need to: • be an employee or officer of the company (or, if the company is the holding company of a trading group) of another company in the group • hold at least 5% of the company's ordinary share capital and, by virtue of that holding, at least 5% of the company's voting rights, and • for disposals occurring on or after 29 October 2018, they must also be beneficially entitled to at least 5% of the profits available for distribution to the equity holders of the company and
Q&As
Practice Note: The EU Settlement Scheme—the eligibility requirements under Appendix EU, notes that, in order to be granted immigration permission under the scheme (as set out in the Immigration Rules, Appendix EU), an applicant must: • fall within the scope of the scheme (and evidence this, where required) • meet the residence requirement • not fall foul of the suitability requirements, and • make a valid application In relation to scope, a durable partner of an eligible EEA citizen, who is resident in the UK before the specified date (11 pm on 31 December 2020), will only come into scope of the scheme if they have already been issued with a residence card issued under the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052,
Q&As
We assume for the purposes of this query that the right to acquire additional shares in question was or will be granted after the issue of the EIS qualifying shares and the grant of such right was not in the contemplation of the investor and the investee company at the time such shares were issued (or indeed at any time beforehand). We assume the subject matter of the right would be newly issued share capital and not rights in respect of shares held by other shareholders. When considering the implications of the grant of the right to the investor you may wish to consider the following points: • the affect (if any) on the satisfaction of the investor condition that there can be no connection
Q&As
An insurance policy is a contract and the normal rules of contract formation apply. This means that there must be offer, acceptance, consideration and the intention to create legal relations. For more information about contract formation, see Practice Note: General principles of insurance contract law. With insurance policies, it is generally the case that the contract itself is reduced to writing and therefore any question as to the extent of the policy and its terms should be addressed in the first instance by checking
Q&As
About the Isle of Man The Isle of Man is a self-governing Crown dependency. It has never become part of the Kingdom of Great Britain or the United Kingdom and it is not part of the European Union. It has its own system of laws, although some Acts of Parliament in Westminster have been extended to the Isle of Man. As a consequence, none of the instruments comprising the European Regime (such as the Brussels or Lugano Conventions or the Judgments Regulation) or the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) will apply. The Isle of Man is not listed as a member of the Hague Convention although it has made a declaration in respect
Q&As
The appointment of a receiver will not generally terminate the contract, unless the terms of the contract itself provide that the contract automatically comes to an end on the appointment of a receiver and/or enters into an insolvency process. More commonly, the contract will provide that the other party (the purchaser here) has the opportunity to terminate. Although the receivers are generally free to cause the borrower to repudiate or ignore existing contractual obligations (but do not have a general power to disclaim onerous property), the debtor will incur liability if he is caused to breach the contract and a claim for damages could be brought against the borrower. If the debtor is insolvent, a claim for damages is of course of little use and would become an unsecured
Q&As
The Perpetuities and Accumulations Act 2009 (PAA 2009) disapplied the rule against perpetuities for options and so options granted after 6 April 2010 need not specify a long-stop date. Prior to PAA 2009, a call option would be void if not exercised within 21 years. However, your query confirms that the option agreement in question is ‘made under the Perpetuities and Accumulations Act 1964 (PAA 1964)’ from which we are assuming that it was granted before 6 April 2010. Under
Q&As
The section of the HMRC annual return form which must be used will depend upon whether the relevant share appreciation right (SAR) or restricted stock unit (RSU) is a securities option for the purposes of s 420(8) of the Income Tax (Earnings and Pensions) Act 2003. In either case, the award will be a securities option if it conveys a legal right to acquire shares, which therefore will depend upon the specific terms of the award as regards the manner in which it can be settled.
Q&As
It is a fundamental principle of compulsory purchase law that powers of compulsory purchase can only be exercised for the purposes for which they were granted, and not for any different or collateral purpose (see Practice Note: Implementing a CPO—notice to treat and General Vesting Declaration). The purposes include those which can fairly and reasonably be considered incidental to, or consequential upon, the principal purpose for which the compulsory purchase power has been conferred. Therefore, depending on the purposes for which compulsory purchase powers have been granted, there is scope for changes to the scheme underlying the compulsory purchase order (CPO) to take place, provided that the acquiring authority acts
Q&As
There is no stand-alone right for an agency worker not to be subjected to a detriment for raising a health and safety issue. An agency worker may only bring a claim under section 44 of the Employment Rights Act 1996 (ERA 1996) for detriment on the grounds that they have raised health and safety concerns if they are an employee. Specifically, an employee has the right not to be subjected to any detriment by their employer done on the ground that they brought to their employer’s attention, by reasonable means, circumstances connected with their work which they reasonably believed were harmful or potentially harmful to health or safety where: • there was no official channels (ie no safety representative(s) or safety committee), or • where it was not reasonably practicable to raise the matter using the official channels For more detailed information,