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PRACTICE NOTES
What are the key features of real estate finance? This Practice Note focuses on what is thought of as traditional real estate finance, ie lending against the cash flow generated by a property. In its simplest form, traditional real estate finance involves a loan to a borrower which is repaid from the rental income of the borrower’s property. (Other methods of investing in real estate finance include sale and leaseback, real estate investment trusts, jersey property unit trusts and property derivatives. For more information, see: Methods of investing in real estate—overview). Real estate finance transactions are either investment finance transactions or development finance transactions, depending on whether the property is being purchased as an investment (ie it is already generating revenue) or whether the property is being purchased to be developed. For more information, see Practice Notes: • Real estate finance—investment facilities—key features, and • Real estate finance—development facilities—key features The Loan Market Association (LMA) has published recommended form facility agreements for both investment and development real estate finance transactions which can
PRACTICE NOTES
The purpose of this Practice Note is to provide an overview of the legislation underpinning building societies. The Practice Note also briefly covers the legislation underpinning other mutual societies such as friendly societies. Overview of the Building Societies Act 1986 The Building Societies Act 1986 (BSA 1986) gave building societies what, at the time, was a completely new legal framework for the first time since the initial comprehensive building society legislation in 1874. BSA 1986 has subsequently been amended on a number of occasions, and was substantively revised by the Building Societies Act 1997 (BSA 1997), by the Financial Services and Markets Act 2000 (FSMA 2000) and by the Financial Services Act 2012 (FSA 2012) (which also amended FSMA 2000). The Financial Services (Banking Reform) Act 2013 made some amendments to the BSA 1986 and various minor pieces of legislation have also made some further amendments to the BSA 1986. Further amendments were made by the Building Societies Act 1986 (Amendment) Act 2024, which received Royal Assent on 24 May 2024. Following
PRACTICE NOTES
Click the link below to download the training presentation. Contents • Key points • UK residence test • Statutory residence test from 6 April 2013 • Automatic overseas tests • First automatic overseas test  (16-day test) • Second automatic overseas test (46-day test) • Third automatic overseas test (full-time work overseas test) • Automatic UK tests • The
PRACTICE NOTES
The senior accounting officer (SAO) regime was introduced by Schedule 46 to the Finance Act 2009 (FA 2009) with the aim of ensuring that qualifying companies have adequate tax accounting arrangements in place so that the correct tax liabilities are reported to HMRC. The regime applies to financial years beginning on or after 21 July 2009. The aim of the regime is supported by: • a qualifying company's obligation to notify HMRC of the identity of its SAO or, if there were successive SAOs for the relevant financial year, each individual that was the SAO for any part of that year • the SAO’s obligation, referred to as the SAO’s main duty, to take reasonable steps to ensure that the qualifying company has appropriate tax accounting arrangements in place • the SAO's obligation to file a certificate for each financial year confirming that the company had appropriate tax accounting arrangements or, where that was not the case, explaining the deficiencies and (although not legally required) often also including what steps are being taken to remedy
PRACTICE NOTES
This Practice Note provides a high-level introduction to different types of social media services and websites and explains some of the key ways in which they might be used, with consideration of some of the risks associated with social media for businesses. Key social media types Social media sites such as Facebook, TikTok, X (formerly known as Twitter), YouTube, LinkedIn and Instagram are often the focus of businesses for marketing campaigns and to develop online communities. This is partly because social media allows a high level of control of audience targeting. The approach to social media taken by a business is likely to be dictated by the type of industry, the demographic targeted (eg Instagram and TikTok are popular with 16–24-year-olds), the online spaces that its customers and target market frequent and the potential effectiveness of each social media site in supporting the organisation’s brand management and marketing strategies. A brief explanation of how each of the sites tend to be utilised by businesses is detailed below. Facebook On Facebook (which is also known as Meta, after a change
PRACTICE NOTES
This Practice Note summarises the main provisions for the taxation of income, capital gains, gifts and estates on death (inheritance tax) and stamp duty land tax, assuming an individual taxpayer who is UK-resident and domiciled. Tax law changes frequently: this guide is not and should not be relied on as a substitute for detailed professional advice, where it is necessary. Income tax Individuals pay income tax on their entire income with specific rules applying to different sources of income and expenditure that may be offset against such income. The principal sources of income are: • employment earnings or profits from a trade, profession or vocation (in respect of which national insurance contributions are also payable) • rent from furnished or unfurnished property or land • interest and dividends • overseas income (on which foreign tax may already have been paid) A personal allowance is deducted from an individual’s total income before tax is calculated, provided that their annual income (after deductions for pensions and gift aid donations) is less than £100,000. This is subject
PRACTICE NOTES
What is a technology transfer agreement? The term ‘technology transfer agreement’ is used as an umbrella term for a multitude of different types of agreements intended to cover the process of transferring the ownership or the right of use of a particular technology from one party to another. Technology transfer agreements are vital instruments for ensuring the effective exploitation of existing technologies and for ensuring that new ones are developed through the collaboration between the different academic and commercial organisations in the life science sector. This Practice Note looks at technology transfer agreements with a particular view to the type of additional provisions that would be of importance to the life science industries. Many life science products are protectable under the patent system. Examples include biological materials, methods of their production, and therapeutic uses thereof. Given the significant expense of developing life science products and in particular therapeutics, patent protection in the Life sciences industry is of particular importance. Granted patents provide proprietors with an exclusive monopoly to recover costs associated
PRACTICE NOTES
The Basel Accords are global standards for the prudential regulation of internationally active banks issued by the Basel Committee on Banking Supervision (BCBS). The Basel Framework comprises the full current set of standards, and is published by BCBS in a single consolidated document which is available here. The standards are not legally binding. However, the members of the BCBS, comprising the 28 jurisdictions listed here which cover between them 90% of the world's banking assets, commit to implement and apply the standards in their domestic jurisdictions within the pre-defined time frame established by the BCBS, and the BCBS has regular programmes for monitoring and assessing implementation. The standards establish a near-universal conceptual framework for prudential regulation and are key to making sense of the prudential regimes in the EU, UK and other BCBS member jurisdictions. It is important to note, though, that there are significant differences of detail and timing in the way the standards are implemented in individual jurisdictions. The Basel Standards comprise three ‘pillars’: • Pillar 1—minimum capital
PRACTICE NOTES
This Practice Note provides an overview of the key provisions for family practitioners contained in the Children’s Wellbeing and Schools Act 2026 (CWSA 2026) including amendments to the Children Act 1989 (ChA 1989), provisions requiring local authorities to offer a family group decision-making meeting before proceedings are issued, kinship care information requirements and amendments to secure accommodation provisions. It also sets out the commencement status of each provision in the Act. Summary of CWSA 2026 On 29 April 2026, CWSA 2026, which, among other things, makes a series of amendments to ChA 1989, received royal assent. See: Children’s Wellbeing and Schools Act 2026 receives royal assent, LNB News 01/05/2026 41. CWSA 2026 introduces a stronger pre-proceedings focus in public children cases. Subject to statutory exceptions, before a local authority in England makes an application for an order under ChA 1989, Pt IV in relation to a child, the local authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility
PRACTICE NOTES
Click the link below to download the training presentation. Contents • Background to the Court of Protection and position pre-Mental Capacity Act 2005 • Governing legislation and court rules • Core function of the Court of Protection • Key powers of the Court of Protection • Decision making re property and financial affairs • Decision making re health and welfare • Key principles of Court of Protection decision making • Duties and powers of deputies • Supporting services
PRACTICE NOTES
This Practice Note considers the key provisions contained in the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), including the introduction of no-fault divorce, the ability for the first time for parties to make joint applications for divorce, dissolution, and separation, and the introduction of a 20-week period between the start of the proceedings (when the court issues the application) and when the applicant(s) may apply for a conditional order. It also explains the terminology and the changes made to the divorce and dissolution procedure including changes relating to service, and the transitional provisions. Significant changes were made as a consequence of DDSA 2020 to the procedure for applications for matrimonial and civil partnership orders. DDSA 2020 does not make substantive changes to the law regarding nullity proceedings however there are some consequential changes to the procedure under the amended FPR 2010 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes
PRACTICE NOTES
This Practice Note provides an introduction to the provisions of the Domestic Abuse Act 2021 (DAA 2021). It details the key provisions including the definition of domestic abuse, special measures as to evidence and participation in proceedings, provisions regarding the cross-examination of victims of abuse, domestic abuse protection orders (DAPOs) and domestic abuse protection notices (DAPNs). It provides details of the pilot scheme under FPR 2010, PD 36ZG in relation to DAPOs and DAPNs. It also provides information on commencement dates. DAA 2021 received Royal Assent on 29 April 2021 and is being brought into force in stages. DAA 2021 makes wide-ranging changes to the law relating to domestic abuse, including introducing a definition of domestic abuse, special measures as to evidence and participation in proceedings, the cross-examination of victims of abuse and orders that may be made by the court. DAA 2021 does not repeal the provisions in Part IV of the Family Law Act 1996 (FLA 1996) or any of the other existing available means of protecting victims of domestic abuse such