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GLOSSARY
An award of compensation made by an Employment Tribunal.
GLOSSARY
The basic curriculum for a maintained school in England is: religious education plus the National Curriculum plus (secondary school) sex education.
GLOSSARY
A packet data communications service providing a signalling and data transfer mechanism between endpoints of the public network. Frames are routed by the network on permanent virtual circuits according to address information embedded in the frames.
GLOSSARY
All offences other than those of specific intent are crimes of basic intent.
PRACTICE NOTES
There is an array of different debt and capital structure options available to borrowers. Historically, it was common to see senior debt (usually held by banks), followed by mezzanine debt and then junior debt, all of which ranked above unsecured creditors and shareholders/equity holders. Since the 2007/8 credit crunch, companies have looked to the capital markets and non-bank lending (eg private credit) to maximise access to credit, which has resulted in more layers of debt. This Practice Note aims to give a basic introduction to the various layers of debt and securities which a restructuring lawyer may encounter. Capital structures and interplay between creditors Traditionally, external debt is incurred at the operating company (Opco) level. Opcos hold the main assets of the business (eg premises, key manufacturing equipment and valuable intellectual property) and generate the bulk of the profits and lenders wish to take security over these assets. In some structures, certain valuable assets such as intellectual property or leases may be held separately from the company which carries
GLOSSARY
The basic patent is the patent which protects the product that is the subject of the supplementary protection certificate.
PRACTICE NOTES
The Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016, SI 2016/1024 give insolvency office-holders in certain situations the power to obtain property (which includes cash, books, records and documents) of the insolvent company or bankrupt. IA 1986 requires certain individuals and entities to co-operate with the office-holder and imposes sanctions in the event that they fail to do so. In addition, certain individuals or entities are required to deliver up accounts and explanations (either orally, in person, or by way of a sworn statement) detailing their dealings with the affairs and property of the insolvent individual or company. The purpose of these powers is to allow the office-holder to reconstitute the knowledge of the insolvent company or individual, which may allow previously unknown assets to be realised for the benefit of creditors. While this Practice Note sets out the basic principles of delivering up information and property to the office-holder (eg the administrator, liquidator or trustee in bankruptcy (trustee)), it does not deal with the
CHECKLISTS
THIS CHECKLIST APPLIED ONLY TO OCCUPATIONAL PENSION SCHEMES UP TO 5 APRIL 2014 For information on the requirement to provide basic scheme information after 5 April 2014, see Practice Note: Disclosure requirements applicable to occupational and personal pension schemes after 5 April 2014 — Basic scheme information and Checklist: Basic scheme information after 5 April 2014—checklist. Basic scheme information requirement Under the Occupational Pension Schemes (Disclosure of Information) Regulations 1996, SI 1996/1655 (the 1996 Disclosure Regulations), which are now repealed, basic scheme information had to be provided to prospective members (and in certain circumstances others) by trustees of the following occupational pension schemes: • registered schemes or schemes that were formerly tax approved (or in respect of which an application for tax approval has been made which has not been determined) • schemes with superannuation funds under the Income and Corporation Taxes Act 1988, s 615(6), and • public service pension schemes (as defined in the Pension Schemes Act 1993, s 1) Other non-tax approved occupational pension schemes and schemes established by
CHECKLISTS
THIS CHECKLIST APPLIES TO OCCUPATIONAL PENSION SCHEMES ON AND FROM 6 APRIL 2014 For information on the requirement to provide basic scheme information before 6 April 2014, see Practice Note: Occupational pension schemes—disclosure requirements before 6 April 2014—Basic scheme information (ARCHIVED) and Checklist: Basic scheme information before 6 April 2014—checklist [Archived]. Basic scheme information requirement Under the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734 (the 2013 Disclosure Regulations), trustees of occupational pension schemes must provide basic scheme information to: • prospective members, and • members who have not already received such information within one month of the scheme receiving their jobholder information or, if no such information has been received, within two months of them joining the scheme. Basic scheme information must also be given at the request of any of the following persons: • a member or prospective member • their spouse or civil partner • a scheme beneficiary, or • a recognised trade union (ie a trade union recognised for collective bargaining purposes in relation to the member
GLOSSARY
The benefit provided at state pension age to those with a sufficient National Insurance Contribution record. those who are not subject to the new flat-rate single-tier state pension system.
GLOSSARY
The basis amount is the base calculation for determining the maximum level of drawdown/unsecured pension or alternatively secured pension (and the dependant equivalents) payable from a money purchase arrangement.
PRACTICE NOTES
Corporation tax is charged on the profits of an accounting period of a company within the charge to UK corporation tax. For further detail on who is required to pay corporation tax and on what, see Practice Note: What is the basis of corporation tax? The rules for calculating a liability to corporation tax are influenced by the profits ascertained by the relevant company’s accounts for that accounting period, but also determined by specific tax rules (eg see Practice Note: Taxation of trading profits—basis, receipts and deductions). These tax rules specify, among other things: • what types of income and gains are chargeable to corporation tax (eg trading income) • what reliefs are available, and • whether the reliefs are available to reduce: ◦ a specific amount of income or gains ◦ total profits, or ◦ the rate of corporation tax The calculation of a company’s corporation tax liability is generally carried out by its (internal or external) accountants and not by tax lawyers. Despite this, the steps for calculating