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NEWS
Law360, London: Two former mining company executives and their alleged fixer pled not guilty to criminal charges in a London courtroom 6 October 2023 over allegations that they paid bribes to win contracts for their British mining business in Sierra Leone.
Q&As
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides, amongst other things, that qualifying tenants of flats contained in premises to which LRHUDA 1993 applies may collectively enfranchise by the acquisition of the freehold. The premises are to be acquired on behalf of the qualifying tenants by a person or persons appointed by them for the purpose (LRHUDA 1993, s 1(1)(a)). LRHUDA 1993, s 15 deals with provisions in respect of the nominee purchaser, who conducts all proceedings arising out of the initial notice with
Q&As
Charitable trustees and charitable land Charitable trustees, like other trustees, have power to hold and transfer land in accordance with the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) and the Trustee Act 1925 (TA 1925). In the case of a charity the use of this power is dependent on the trustees: • exercising the power in accordance with the governing instrument of the charity • complying with the requirements of sections 117–121 of the Charities Act 2011 • complying with the standard of care set out in the Trustee Act 2000 See: Charity Commission Guidance—Sales, leases, transfers or mortgages: what trustees need to know about disposing of charity land and Charities—overview. Where
PRACTICE NOTES
This Practice Note provides a summary of the threshold conditions that apply to authorised firms, including firms authorised by the Financial Conduct Authority (FCA) and firms authorised by the Prudential Regulation authority (PRA) and dual-regulated by the FCA and PRA. All firms authorised under the Financial Services and Markets Act 2000 (FSMA 2000) are required to maintain a set of minimum standards in order to become and remain authorised. These standards are referred to as the 'threshold conditions'. The threshold conditions are set out in Schedule 6 to the FSMA 2000. This was amended by the Financial Services and Markets Act 2000 (Threshold Conditions) Order 2013, SI 2013/555 (the Threshold Conditions Order). Changes made to FSMA 2000 by the Financial Services Act 2012 (FSA 2012) came into effect on 1 April 2013. FSMA 2000, s 55C, as inserted by FSA 2012, s 11(2), provides that HM Treasury may by order amend FSMA 2000, Sch 6, Pts 1 and 2 by altering, adding or repealing provisions, or by substituting for those Parts as they have effect
NEWS
MLex: Ticketmaster has dropped its appeal against a £1.25m fine levied by the UK Information Commissioner’s Office (ICO), MLex has learned. The ticketing platform’s appeal against the regulator’s November 2020 fine in relation to a 2018 data breach had been stayed pending two connected lawsuits, both of which have been settled.
NEWS
The Information Commissioner’s Office (ICO) has fined Ticketmaster UK Ltd (Ticketmaster) £1.25m for its failure to protect customers’ payment details. The ICO found that Ticketmaster did not put appropriate security measures in place to prevent cyber-attacks on a chat-bot which was installed on its online payment page, in breach of the General Data Protection Regulation, Regulation (EU) 2016/679, (GDPR). As a result, the payment cards of 60,000 Barclays Bank customers had been subject to known fraud, and 6,000 Monzo Bank customers had to have bank cards replaced after suspected fraudulent use.
GLOSSARY
Commitments fees are typically paid on committed but undrawn facilities to compensate the lender for the cost of having allocated the facility to the particular borrower while not receiving or accruing any interest. A ticking fee typically refers to a commitment fee on a term loan—ticking fees are frequently not charged on leveraged finance transactions, though this may be conditional on the facility being drawn within a certain number of days following completion.
PRACTICE NOTES
Each jurisdiction applies its own domestic law test to determine when a company is treated as tax resident there. A company can be resident in more than one jurisdiction, and potentially taxed more than once, on the same profits. For instance, a company incorporated outside the UK whose board of directors takes all its decisions in the UK could be treated as tax resident in both the other jurisdiction (since it is incorporated there) and the UK (since the board takes its decisions in the UK). This is where a double tax treaty (DTT), and in particular, a residence tie breaker clause, can help. A residence tie breaker is only relevant if: • a company is tax resident in two jurisdictions under their domestic rules • there is a DTT between those two jurisdictions • in accordance with the definition of ‘resident’ applicable to the relevant DTT, the company is resident in each of those two jurisdictions, and • the DTT contains a residency tie breaker If
GLOSSARY
An intermediary who is employed by a company and can only promote that company's investment products.
GLOSSARY
A distribution arm of a life company which can only advise on the products and services of that company.
PRACTICE NOTES
The Tier 1 (Entrepreneur) category closed to new entrants on 29 March 2019. After that, the only individuals who could enter this category were those who had leave in the previous 12 months in the Tier 1 (Graduate Entrepreneur) category, or in the Start-up category having previously held leave in the Tier 1 (Graduate Entrepreneur) category. Applications for persons in that position were closed from 5 July 2021. Individuals who have already entered the Tier 1 (Entrepreneur) category could continue to hold leave in the category and were able to make extension applications until 5 April 2023 and settlement applications until 5 April 2025. For those who have ever had leave in Tier 1 (Graduate Entrepreneur), the deadline to make their extension application was 5 July 2025 and indefinite leave to remain (settlement) applications can be made until 5 July 2027. As a ‘legacy’ route, the Immigration Rules for the category have not been subject to the simplification process. The Tier 1 (Entrepreneur) route was/is for people setting up, joining or taking
PRACTICE NOTES
ARCHIVED: this Practice Note is no longer maintained as all extension applications under the route had to be submitted before 17 February 2026. This Practice Note looks at the procedure for submitting extension applications under the Tier 1 (Investor) route. It also covers duration and conditions of leave, and the curtailment provision that will apply if specified investments were not made within the required time frame following the initial grant of leave and maintained thereafter. The Tier 1 (Investor) category was closed to initial applications, without warning, from 16.00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632 . Those with existing leave in the route will still be able to extend their stay, including making an application for entry clearance outside the UK if they have held leave as a Tier 1 (Investor) migrant in the 12-month period preceding the date of application, and apply for settlement. Extension applications made inside or outside the UK had to be submitted before 17 February 2026. Applications