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GLOSSARY
Islam’s second most important source after the Qur’an. Literally the 'well trodden path' in Arabic, the Sunnah (or the living traditions) is made up of the words, deeds and tacit approvals of the Prophet Mohammed.
NEWS
MLex: GEMA, a German music-collecting society, has brought a claim against Suno AI in the Munich Regional Court for copyright infringement, alleging unauthorised use of its members’ works (including songs by Boney M and Alphaville) to train generative AI models. The claim coincides with EU ministers’ discussions on revising the EU Copyright Directive and addressing challenges faced by collective management organisations (CMO) when it comes to training generative AI models.
GLOSSARY
The length of time a yield cap applies.
PRACTICE NOTES
Retained EU Law (Revocation and Reform) Act 2023 The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) amends the regime established by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and has a significant impact on the status and treatment of what was retained EU law (REUL), and is from 1 January 2024, as a result of the Act, assimilated law. It also includes a range of provisions and powers allowing for further amendment, repeal and replacement of assimilated law over time. REUL(RR)A 2023 entered into force in part on 29 June 2023, with further provisions entering into force on 29 August 2023, and the remainder entering into force upon appointment. It was brought into force on 1 January 2024 with the exception of section 6 (Role of courts). For background information on the passage of REUL(RR)A 2023, see Practice Note: Brexit legislation tracker—Retained EU Law (Revocation and Reform) Act 2023. For further background reading, see: Retained EU Law (Revocation and Reform) Bill receives Royal Assent, LNB News 29/06/2023 97 and Retained EU Law (Revocation
GLOSSARY
Ensures a debt is higher in the corporate debt structure than its usual position with other unsecured creditors. Sometimes used as part of a contingent asset strategy.
PRACTICE NOTES
Background to super-complaints and references The Financial Services Act 2012 amended the Financial Services and Markets Act 2000 (FSMA 2000) by introducing two new frameworks for bringing important information to the attention of the Financial Conduct Authority (FCA). Consumer bodies, as designated by HM Treasury, can make a ‘super-complaint’ to the FCA under FSMA 2000, s 234C. Similarly, regulated persons and the Financial Ombudsman Service (FOS) can make 'references' to the FCA under FSMA 2000, s 234D. In June 2013, as provided for by FSMA 2000, s 234G, the FCA issued guidance on both super-complaints and references, intended to broadly mirror the super-complaints scheme already in place at the Office of Fair Trading, under the Enterprise Act 2002. Super-complaints and references are slightly different from one another in the information that they require to be submitted to the FCA. Super-complaints are designed to enable designated consumer bodies to complain to the FCA that a feature, or combination of features, of a market in the UK for financial services is, or appears to be, significantly
GLOSSARY
Decisions to amend or waive the terms of the finance documents are sometimes divided into 'majority' and 'super-majority' decisions. Majority decisions typically require the agreement of 66 2/3% of the syndicate while super-majority decisions will require a greater percentage (eg 80–90%).
GLOSSARY
A super-senior revolving credit facility (RCF) is often included in a funding structure where the main funding is comprised of senior secured notes. The RCF will then have super senior status under the intercreditor agreement.
PRECEDENTS
1 General details Date [Insert date] Customer name (if applicable) [Insert customer name] Name and job title of person completing this form [Insert name and job title] Customer/matter reference number (if applicable) [Insert customer/matter reference number] Date request received [Insert date] Names of staff involved on customer matter to which the SAR relates, if applicable [Insert names of people involved] Name of person request addressed to [Insert name] If the SuperSAR request was received from an NCA authorised officer go to section2, for all other SuperSAR requests, go to section 3. 2 SuperSAR request from NCA authorised officer Has our nominated
CHECKLISTS
This SuperSAR required notification checklist helps you properly compile a quality required notification. It should be read in conjunction with Practice Note: Proceeds of Crime Act 2002—information sharing in the regulated sector—superSARs. Importantly, if properly made, a required notification under the superSAR system contained in the Proceeds of Crime Act 2002 (POCA 2002) will satisfy any requirement to make the required disclosures under POCA 2002, ss 330–331, which would otherwise fix criminal liability on a person for failure to disclose under those sections. If the disclosure request was made by a National Crime Agency (NCA) authorised officer, the notification is made by the person who is to disclose information under that request. If the disclosure request was made by another person in the regulated sector, the notification must be made by the person who made the request. General Requirement Compulsory or recommended? Comments (if any) ☐ State that the notification is made under the relevant legislation Compulsory POCA 2002, s 339ZC(4) (Insert any comments you may wish to make regarding your organisation’s arrangements) ☐ State
GLOSSARY
Used by some schemes, particularly those in the public service, to describe a member's contributions.
GLOSSARY
The grantor of a feudal right to land in return for a money payment called feu-duty.