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GLOSSARY
This is foreign lawyer (other than a European lawyer) registered with the Solicitors Regulation Authority under the Courts and Legal Services Act 1990.
CHECKLISTS
This Checklist is designed to help you when applying for registration as a registered foreign lLawyer (RFL) or when your firm is working with an RFL. It should be read in conjunction with Practice Note: Working with foreign lawyers—the registered foreign lawyer (RFL) regime. A: Determining whether a lawyer can become a registered foreign lawyer If the answer to all of the following questions is 'yes', it should be possible for a lawyer to apply for registration as an RFL. Screening question Answer/Comment Is the lawyer a foreign lawyer?A foreign lawyer is a person who is not a solicitor or barrister of England and Wales but who is a member, and entitled to practise as such, of a legal profession regulated within a jurisdiction outside England and Wales. See Practice Note: Working with foreign lawyers—the registered foreign lawyer (RFL) regime—Becoming a registered foreign lawyer. Yes/No Is
GLOSSARY
Land in respect of which there is an entry on the Register of Title.
Q&As
Although the beneficial interests in the land are held as tenants in common in equal shares, the legal estate is held as joint tenants. As a result on the death of one of the joint registered proprietors of registered land the remaining proprietor will take the entire legal estate by survivorship. An application, normally on Form AP1 but which may be done using non-statutory Form DJP (deceased joint proprietor), may be made to alter the register by removing the name of the deceased proprietor from the title but evidence of death must be provided. Where the death is of a sole surviving proprietor, the personal representative (PR) of the deceased may be registered
Q&As
Trustees are joint tenants of the trust property. On the death of a trustee, the office passes and the trust property accrues by survivorship to the other surviving trustee or trustees. On the death of a sole or last surviving trustee, the trust property devolves upon his personal representative(s) (PRs) by virtue of sections 1 and 3 of the Administration of Estates Act 1925 (AEA 1925). Although the beneficiary of property held under a bare trust benefits from certain enhanced rights under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) (for example under TOLATA 1996, s 19), we are not aware of any authority that suggests that property held
GLOSSARY
The name of a company as registered with the Registrar of Companies at Companies House (otherwise referred to as company name). Compare with business name.
GLOSSARY
As required by CA 2006, s 86 a company must at all times have a registered office to which all communications and notices may be addressed.
Q&As
Where land is co-owned legal title is always held as joint tenants, and the presumption is that beneficial or equitable ownership is also as joint tenants. Each joint tenant has an identical interest in the whole land and the interest of one passes automatically on death to the survivor. When the survivor becomes sole legal and beneficial owner the trust ends. Where the beneficial interest is held as tenants in common, interests can be unequal, and the share of one does not pass to the survivor but is part of the deceased estate. Where a tenancy in common is indicated the HM Land Registry will enter a 'Form A
GLOSSARY
Registered trade marks provide an important practical means of protecting image rights. A trade mark is any type of symbol that indicates the origin of goods and services. Any sign capable of being represented in the register in a manner which enables the registrar and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor, and which is capable of distinguishing the goods or services of one party from those of another party, can be registered as a trade mark. The Trade Marks Act 1994 (TMA 1994) governs UK trade marks. While a UK-based rights holder may still apply for and hold an EU trade mark (EUTM) which provides protection across the EU, from 1 January 2021 EUTMs are not protected in the UK. Therefore, only UK trade marks and any comparable UK rights granted from EUTMs registered before 1 January 2021 are applicable here.
CHECKLISTS
This Checklist is to be used when registering charges at Companies House where the charge was created on or after 6 April 2013 by a UK company or a Limited Liability Partnership (LLP) and should be read in conjunction with Practice Notes: How to register security at Companies House and Registering security at Companies House. For the purposes of Part 25 of the Companies Act 2006 (CA 2006) (Company Charges), a 'charge' includes a mortgage. In the same way, references to a 'charge' in this Checklist should be taken to include a mortgage. Checklist The fourth column can be used to record observations or comments as the Checklist is worked through. Checklist item Further information Practical considerations Notes (if any) Step 1: Pre-signing: scope and form selection ● Confirm the charge is registrable All charges created by a UK company or an LLP are registrable at Companies House unless the exceptions in CA 2006, s 859A(6) apply, which include: • a landlord’s charge over a cash rent deposit as security in connection with a lease of land,
PRACTICE NOTES
STOP PRESS: ECCTA 2023 introduces identity verification requirements for anyone making filings at Companies House. This is anticipated to become compulsory no earlier than November 2027. See Changes under ECCTA 2023 below for more information and timing. STOP PRESS: On 16 March 2026, Companies House issued a statement that on Friday 13 March, Companies House was made aware of a security issue which meant that a logged-in user of the WebFiling service could potentially access and change some elements of another company’s details without their consent after performing a specific set of actions. Companies House have stated that no existing filed documents, such as accounts or confirmation statements could have been altered. However, there is a risk that certain personal details could have been accessed and that unauthorised filings could have been made. While there is limited information available at present, this could potentially include, for example, a satisfaction of charge filing. Companies House has recommended that companies check their registered details and filing history. Lenders may want borrowers to confirm that