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GLOSSARY
An order that a person’s assets be put into the hands of an official with certain powers and duties to deal with that property.
PRACTICE NOTES
This Practice Note covers the procedural aspects following the appointment of a receiver in respect of an Isle of Man company or other corporate entity. In this note, we look to provide guidance as to: • who must be notified of an appointment of a receiver • when must this notification be made • what documentation must the receiver file • what are the ongoing filing requirements after appointment • what notifications must be made upon resignation of a receiver or conclusion of a receivership, and • the unique receivership requirements for protected cell companies The different corporate entities Isle of Man legislation offers a wide variety of different corporate entities. To provide as comprehensive a guide as possible, we have included within this note the relevant requirements for receivers appointed in respect of each of the following: • companies incorporated under the Isle of Man Companies Acts 1931 to 2004 (1931 Acts), whether these are companies limited by shares, guarantee, shares and guarantee or unlimited companies • companies incorporated
PRACTICE NOTES
This Practice Note provides an introductory guide to receivership (LPA receiver/fixed charge receiver, administrative receiver and court-appointed receiver). It explains the different forms of receivership and summarises the important features, distinctions and common points of each receivership type. The appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in assets of a company. This guide gives an introduction to the types of receiverships available and some of the effects of appointing a receiver. For links to the materials available in the Receivership subtopic, see: Receiverships—overview. The following points are common to all forms of receivership: • a company need not be insolvent to be placed in receivership • the appointment of a receiver does not prevent other creditors from taking action against the company • the company’s ability to deal with the property subject to the receiver’s appointment will be restricted during the course of the receivership • following receivership, a company need not necessarily be liquidated (its affairs brought to an end) Points specific
PRACTICE NOTES
This Practice Note considers whether a receiver may carry out building works and in particular whether the receiver may complete a development which is unfinished at the time of the appointment. This Practice Note highlights a number of issues which the receiver will need to consider before proceeding with any work. For ease in considering the issues involved it is assumed that: • the developer is both the mortgagor of the property and a company, and • the mortgagor is using the common construction procurement method of employing a building contractor and a professional team of architect, engineers, quantity surveyors and others (the Professional Team) References to the mortgagor include, where appropriate, the mortgagor acting by the receiver. A receiver in this context means a fixed charge receiver or a Law of Property Act receiver. Receiver’s powers to carry out building works A receiver’s statutory powers under the Law of Property Act 1925 (LPA 1925) prior to executing a sale are limited to collecting rent and insuring the property (note that
GLOSSARY
A Code of Practice set out in Appendix 4 of the Code, drawn up by the Panel in consultation with the Registrars Group of the Chartered Governance Institute (previously known as ICSA: The Governance Institute).
PRACTICE NOTES
This Practice Note looks at the process for sentencing offenders in England and Wales who have assisted law enforcement authorities in some way. It considers both the statutory and common law regime for providing assistance, as well as what happens if an offender refuses to assist. There is a long-established practice of reducing the sentence which would otherwise have been imposed on an offender to reflect the fact that they have provided information and assistance to the police. The justification for doing so is purely pragmatic. The public interest in rewarding assistance to the authorities and protecting sources has long been recognised. Credit for giving assistance at common law At common law, an offender convicted of a crime may receive credit for any assistance which has been rendered to the police or other law enforcement authorities. The common law procedure is still used more frequently than the statutory procedure set out below. At common law, it is incumbent upon prosecution authorities to provide all relevant
PRACTICE NOTES
Your anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing obligations are set out in the Proceeds of Crime Act 2002 (POCA 2002), the Terrorism Act 2000 (TA 2000), and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Putting 'dirty' money through a solicitor’s client account can 'clean' it so you and your account are attractive to money launderers. You must have systems in place to guard against use of your account in this way. Remember you must ensure you do not facilitate money laundering, whether or not money passes through your account. The risks You are held in a position of trust, and your client account can be viewed as a way of making criminal funds appear to have a legitimate source. Criminals target client accounts as a way of moving money from one individual to another through a trusted third party under the guise of a legal transaction without attracting the attention of law enforcement agencies. The SRA reminds you that you
GLOSSARY
The parent who receives child maintenance in relation to statutory child support.
GLOSSARY
A party to detailed assessment proceedings who is entitled to recover from another party the costs which are the subject of the assessment.
NEWS
Pensions analysis: The Deputy Pensions Ombudsman has upheld a complaint about a pension transfer. Martin Scott of gunnercooke LLP looks at the decision.
NEWS
Immigration analysis: In this analysis, Ross Kennedy at Vanessa Ganguin Immigration Law looks at some recent developments in practice in the UK’s work sponsorship regime, including increased enforcement and licence revocations, requests for further information further to submission of new Certificate of Sponsorship (CoS) allocation requests, and issues around visa curtailment. In relation to the first two aspects, increased Home Office activity is likely aimed at countering abuse of the system, but it seems to be affecting sponsors of all sizes and sectors.