Compulsory transfer meaning

This record keeping checklist consolidates obligations found in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. It further sets out suggested actions and practical steps. The Checklist directs you towards relevant Precedents that you may adopt, adapt or tailor to meet these requirements and recommendations. For extra guidance, see Practice Note: Money Laundering Regulations 2017—record keeping or, for law firms, Money Laundering Regulations 2017—record keeping (law firms). The manner, medium or physical or digital location in which records are retained is immaterial, provided you can promptly retrieve the necessary information and evidence, especially if you are asked to supply customer/client due diligence (CDD) documentation to a party that relies on you, or to investigators or other enforcement officers. Record type For how long? Compulsory or recommended? Comments (if any) ☐ Records, documents or information connected with, and arising in the context of, an occasional transaction — Five years from the point at which...

This Checklist sets out HM Land Registry’s rules for first registration of title on the transfer of a freehold or leasehold estate, the grant of a fresh lease, or the creation of a first legal mortgage. It explains which dealings trigger first registration, the period allowed for registration, the results of failing to apply, and the particulars that must be supplied to HM Land Registry with the application... Which dispositions trigger first registration? The following dealings give rise to compulsory first registration. Transfers of unregistered freehold and leasehold estates The transfer or assignment of: an unregistered freehold estate in land; and an unregistered leasehold estate in land with more than seven years remaining at the date of assignment, whether for valuable or other consideration, by way of gift, or in pursuance of an order of any court. An instrument at a negative value is still treated as being for valuable or other consideration. The assignment or surrender of...

This Checklist should be read in conjunction with the Practice Note: Block transfer orders—the law and practice. Read this Checklist alongside the Practice Note: Block transfer orders—the law and practice. There are three principal scenarios that necessitate a block transfer of office-holder appointments: where an office-holder dies on the retirement of an office-holder from practice where an office-holder is otherwise unable or unwilling to continue in office. This may happen if an office-holder moves firms, or loses their licence to practise as a result of regulatory action The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 12.35–12.38, govern applications to the court for the block transfer of cases from one office-holder to another. The block transfer application process applies to the following types of appointment: compulsory liquidation (winding up by the court) voluntary liquidation (both members’ voluntary liquidations and creditors’ voluntary liquidations) administration bankruptcy voluntary arrangement (both company voluntary...

In this issue: Planning Social housing Children’s social care Education Judicial review Environmental law and climate change Public procurement Governance Social care Daily and weekly news alerts New and updated content Planning Modernising planning committees—proposed reforms and implications On 28 May 2025, the Ministry of Housing, Communities and Local Government (MHCLG) opened a technical consultation on changes to planning committees in England, which runs until 23 July 2025. Sitting within implementation of the Planning and Infrastructure Bill, the measures are designed to update how planning choices are made. The package is intended to improve the efficiency, reliability and calibre of decisions nationwide. Through consistent delegation, streamlined committee arrangements, compulsory training and sharper performance measures, government intends to deliver a more agile planning service that underpins sustainable development and boosts economic growth. See News Analysis: Modernising planning committees—proposed reforms and implications. Planning reform working paper—reforming site thresholds The government has issued...

In this issue: Tax treatment Budgets, Autumn Statements and Finance Bills New content Useful information Dates for your diary Weekly highlights from other practice areas Tax treatment HMRC launches consultation on reporting close company payments to participators HMRC has opened a consultation on plans that, if taken forward, would bring in compulsory reporting rules for close companies (broadly, those controlled by five or fewer participators, or by any number of participators who are directors). Companies would be required to supply HMRC with details of their transactions with participators. Close companies would need to disclose information on transactions between the company and its participators, including: payments, whether in cash, by bank transfer or otherwise sales of assets to the company acquisitions of assets from the company dividends or other distributions, and any other transfer of value from the company to the participator Accordingly, this could also capture...

Original news Mr Y (CAS-11778-X7B6) —30 September 2024 Summary The Deputy Pensions Ombudsman dismissed a grievance concerning payment of an early deferred retirement pension following redundancy. The applicant, a protected person under the Electricity Act 1989, had experienced several TUPE transfers. The Deputy Pensions Ombudsman concluded he was not eligible for the pension because his service was continuous and he had not been compulsorily retired when his active membership ended. His employers were under no duty to inform him that his position might have been improved had he transferred his accrued benefits at the point of the final employment transfer. This determination underlines the complexities that can arise when members with protected person status undergo multiple employer moves... What were the facts? Mr Y was a member of the Magnox section of the Electricity Supply Pension Scheme (ESPS). As such, he was a ‘protected person’ under the Electricity Act 1989. Among other protections, this meant his pension could not be changed on a change of employer...

When considering entry into a joint venture, participants should carefully scrutinise the identity of the other intended parties and the experience and resources they expect to bring to the venture. They are, therefore, likely to want to ensure those parties remain engaged in the joint venture (at least for a pre‑agreed period of time) and to retain controls over to whom they may transfer their shares. The nature of any share transfer constraints adopted will also depend on, among other things, the anticipated duration of the joint venture, how the parties propose to realise their investments, the cash‑flow and fundraising requirements of the parties, and any share transfer restrictions contained in other transaction documents, e.g. financing documents. Restrictions on transfer For these reasons, most joint venture agreements (JVA) (also known as shareholders’ agreements) and/or the articles of association will include a series of restrictions governing the transfer of shares by the joint venture parties...

This Practice Note outlines the principal statutory models of development corporation used in England, their purposes, how they are brought into being, and the key powers and planning matters for practitioners advising promoters, landowners, local authorities and other stakeholders. What is a development corporation? A development corporation is a statutory body corporate established to deliver development, regeneration or a new settlement within a defined area, using a suite of powers that commonly includes land assembly, undertaking development, delivering infrastructure and, for some models, planning functions. Development corporations are constituted under different statutory routes. In England, the main models are provided by the New Towns Act 1981 (NTA 1981), Part 16 of the Local Government, Planning and Land Act 1980 (LGPLA 1980), and Part 8 of the Localism Act 2011 (LA 2011). The selected route determines: who designates the area and establishes the corporation; and which powers and duties exist and how planning functions can be conferred. Types of development corporation...

This Practice Note covers: the impact of an insolvency process on ongoing litigation where the debtor, bankrupt or insolvent company is a claimant or defendant how an insolvency process interacts with an arbitration agreement binding the debtor, bankrupt or insolvent company additional considerations in a cross-border setting Personal insolvency What happens when the bankrupt is a claimant in ongoing proceedings? The presentation of a bankruptcy petition, whether by a creditor or by the debtor, has no legal consequence for proceedings already on foot where the debtor is the claimant. Once a bankruptcy order is made and a trustee in bankruptcy (the trustee) is appointed, most causes of action in which the bankrupt has an interest vest in the trustee under section 306 of the Insolvency Act 1986 (IA 1986). In such circumstances, it is the trustee, rather than the bankrupt, who has standing to carry on the claim. The trustee will proceed only if that course best serves the interests...

Precedent Transfer A flexible Word edition of the TR1 precedent can be downloaded, stored or printed using the link on this page. Drafting notes to precedent transfer General Any mention of ‘panels’ in these drafting notes refers to the panels in HM Land Registry form TR1. The TR1 is the prescribed document, under the Land Registration Rules 2003, for transferring the whole of freehold or leasehold land. Form TR1 can also be used for transfers of the entirety of unregistered land where the disposition triggers compulsory registration, or where the transferee is certain that a voluntary application for registration will be made...

Precedent Transfer An editable Word edition of the TR1 precedent can be obtained via the link directly on this page, downloaded, then saved or printed if and when needed. Drafting notes to precedent transfer – General: Any mention of ‘Panels’ in these drafting notes relates to the panels in HM Land Registry form TR1. TR1 is the prescribed instrument for transferring the entirety of freehold or leasehold land under the Land Registration Rules 2003. The form may likewise be used to transfer the whole of unregistered land where the disposition triggers compulsory registration, or where the transferee intends to submit a voluntary application for registration...

1 Model Articles 1.1 The Model Articles shall apply to the Company save to the extent that they are amended or disapplied by these Articles, or where they conflict with these Articles, and, subject to any such amendments, disapplications or inconsistencies, shall, together with these Articles, constitute the Company’s articles of association to the exclusion of any other articles or regulations contained in any statute, in any statutory instrument, or in any other subordinate legislation...

The general rule The general rule is that when a buyer of a freehold interest enters into covenants with the seller, although the burden of restrictive obligations will in many instances bind a successor in title, positive duties requiring the covenantor to act do not run when the freehold is conveyed. A rentcharge operates as a device by which a monetary duty can pass to the successor of the initial buyer. There is no issue, as a matter of contractual privity, in imposing on the purchaser a contractual obligation to pay the seller for the supply of services relating to the land; however, matters become more intricate once the seller transfers the freehold estate to a third party. The rentcharge nonetheless entitles its holder to demand regular periodic payments of money from the owner of the freehold estate. It is not a mortgage, because it does not function as security for a debt...

Compulsory acquisition of landlord’s interest by tenants of flats Under Part III of the Landlord and Tenant Act 1987 (LTA 1987), qualifying long-lease flat owners may compel transfer of the landlord’s interest to a nominated person where: the landlord has breached duties to repair, maintain, insure or manage the building; or the building has been managed for at least two years by a manager appointed under LTA 1987, Part II. For criteria and procedure for an acquisition order, see Practice Note: Compulsory acquisition of landlord’s interest by tenants of flats. When deciding to bring an acquisition order as a standalone claim or within a defence and counterclaim, CPR 20.9 applies. The court considers whether to permit an additional claim, dismiss it, or require it be determined separately from the claimant’s claim. Factors may include: the connection between the additional claim and the claimant’s claim against the defendant; whether the additional claimant seeks substantially the same remedy...