An option to tax takes effect from the date on which it is exercised, or any later date specified in the option (paragraph 19(1) of Schedule 10, Part 1 of the Value Added Tax Act 1994 (VATA 1994)). The exercise of the option is simply making the decision to opt. There is no formal process for this, although it may be advisable to have a written

A tenancy at will is a flexible, personal arrangement between a landlord and an occupier which may or may not be in writing, and which is often used for short-term arrangements such as when the terms of a lease are being negotiated. The occupier does not acquire a legal interest in the property under a tenancy at will, and both the occupier and the landlord are free to end the tenancy at any time and for any reason. Therefore, if the agreement in place between the occupier and the landlord is indeed a tenancy at will then the landlord is free to terminate it immediately. Another possibility is that the agreement between the landlord and the occupier is a licence. This also would not confer an interest in the land on the occupier. Whether or not the oral agreement is a licence will depend

A Royal Charter corporation has all the powers of a natural person, including the power to sue and be sued in its own right. There are some 900 entities incorporated under Charter, including many educational and professional organisations. Charter organisations are typically charities although may take other forms. On 26 June 2017, as a result of The Information about People with Significant Control (Amendment) Regulations 2017, SI 2017/693

The Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022) came partly into force on 1 August 2022. EC(TE)A 2022, Sch 3 (which relates to land registration) will come into force on 5 September 2022. EC(TE)A 2022, Sch 3 introduces a new Schedule 4A into the Land Registration Act 2002 (LRA 2002). LRA 2002, Sch 4A, para 3 will require HM Land Registry to impose a restriction on a registered freehold or leasehold title where the registered proprietor is an overseas entity for the purposes of EC(TE)A 2022, s 2. The restriction will prevent the registration of a disposition of the property by the overseas entity unless they are registered at Companies House in the Register of Overseas Entities and can produce a valid overseas entity ID number. EC(TE)A

The SRA Code of Conduct for Firms imposes an obligation on the firm to comply with all undertakings given by the firm within an agreed timescale—or if no timescale has been agreed, within a reasonable amount of time. Failure by the firm to comply with an undertaking properly given on its behalf is therefore a matter that can be reported to the Solicitors Regulation Authority (SRA). However, the recipient of the undertaking (and the SRA) will need to be satisfied that the individual giving the undertaking was authorised to do so on behalf of the firm. The SRA cannot itself enforce compliance with an undertaking. For more guidance, see Practice Note: Undertakings and the SRA. In terms of enforcing an undertaking via the court, there are two potential options: • application to the court to exercise its inherent

One of the main perceived advantages of incorporating an unlimited company is the fact that it has flexible capital maintenance rules and is not subject to the vast proportion of the Companies Act 2006 (CA 2006) provisions regarding the alteration of its share capital. There are no model articles for unlimited companies under the CA 2006, or the Companies (Model Articles) Regulations 2008 (Model Articles Regs), SI 2008/322 and CA 2006, s 20 only applies the default model articles to limited companies (and not unlimited companies). This means that an unlimited company must always adopt its own articles upon incorporation, because the law will not apply a set of model articles by default. An unlimited company could (but is not required to) adopt an updated version of the model articles for private limited companies as the basis of

This Q&A assumes that there is no dispute as to the child’s paternity and that there are no previous orders in place restricting the father’s ability to make an application pursuant to section 91(14) of the Children Act 1989 (ChA 1989). See further

The Companies (Miscellaneous Reporting) Regulations 2018 (C(MR)R 2018), SI 2018/860 introduces a number of reporting requirements for companies with financial years beginning on or after 1 January 2019. One of these is a requirement for large private and unlisted public companies to include in their directors’ report or strategic report a statement of their corporate governance arrangements (corporate governance statement) (C(MR)R 2018, SI 2018/860, reg 14). This statement should also be published on a website (a company can comply with this requirement by publishing its whole annual report or the entire directors’ report, or strategic report where the statement is included there, on its website). A

Occupation rent is a form of equitable accounting where a party has occupied jointly owned property to the exclusion of the other owners. The court may order that the occupier pay notional rent to the other owners to compensate them for the lack of use of their land. Occupation rent may be claimed under sections 12–13 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), or, where that does not apply, under the common law. It is not something which is generally considered in financial remedy proceedings, although if one party is occupying the former matrimonial home for a period of time with the children (a Mesher-type order per Mesher v Mesher and Hall) that may be a factor in the

If a trust is settlor interested, all of the income is treated as being income of the settlor. For further guidance, see Practice Note: Taxation of trusts—settlor interested trusts. Where a settlor retains an interest in a discretionary settlement, there is a potential double charge to tax on the same income: once in the hands of the trustees and again in the hands of the settlor. There are provisions, however, which prevent this from happening. The tax paid by the trustees is simply credited to the settlor; that tax is not also credited to the trustees’ tax pool because the income being treated as the income of the settlor does not result from a discretionary payment being made

Disclosure 'rules' vary by legal jurisdiction. In relation to compulsory purchase orders, the principal jurisdictions will be the Planning Inspectorate (inquiries and examinations into proposed orders), the Upper Tribunal (Lands Chamber) (UTLC) (references in relation to compulsory purchase compensation claims), and the Planning Court (statutory challenges to a Secretary of State’s decision on an order). The Compulsory Purchase (Inquiries Procedure) Rules 2007 (CP(IP)R 2007), SI 2007/3617 include rules on disclosure. CP(IP)R 2007, SI 2007/3617, r 7(2) requires acquiring authorities (AAs) to send objectors their statement of case and, unless provided to objectors, to advise objectors where a copy may be inspected of every document which the AA intends to refer to or put in evidence at the inquiry. CP(IP)R 2007, SI 2007/3617, r 7(5) also provides that, where any person has submitted a statement of

The trigger event for overage will depend on the terms of the overage deed itself. For more information on overage, see Practice Note: Overage—drafting points. Aside from that, if the deed merely refers to a ‘disposition’ although each uses it quite freely, neither the Land Registration Rules 2003, SI 2003/1417 nor the amplify (the Land Registration Act 2002 (LRA 2002)) which they contain a definition of the word. This is unlike, for example, section 2(6) of the Law of Property (Miscellaneous Provisions) Act 1989 which adopts the definition in section 205(ii)