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This Checklist This Checklist considers the details a company voluntary arrangement (CVA) proposal must include under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 and Statement of Insolvency Practice (SIP) 3.2, together with expectations from other stakeholders likely to be impacted by the CVA, notably the Pension Protection Fund (PPF) and the British Property Federation (BPF): the IR 2016, SI 2016/1024, rr 2.2, 2.3 Statement of Insolvency Practice (SIP) 3.2 PPF requirements, see: Checklist for approval of CVAs involving the Pension Protection Fund BPF requirement, see: Checklist: British Property Federation engagement and red flags for company voluntary arrangements A CVA proposal sets out the detailed terms of a compromise between the company and its creditors, so it must be thorough and correct in every respect. If the proposal or surrounding circumstances are intricate, a solicitor should review or draft it to make sure it faithfully embodies the arrangement’s intentions. The proposal should be clear and...
This Checklist offers a series of prompts that may help in assessing the tax consequences of an asset sale. It should be read together with Practice Note: Key tax considerations in an asset sale. For further detail on pre-contract enquiries, see also Practice Notes: Capital allowances on property sales—pre-contract enquiries and Commercial Property Standard Enquiries—CPSE (the CPSEs, compiled by members of the London Property Support Lawyers Group and endorsed by the British Property Federation, set out standard questions relevant to a sale of commercial real estate)... Key tax considerations in an asset sale General questions What is the status of the parties: companies, individuals or other entities, for example a partnership, trust or charity? Are there multiple sellers? Are there multiple buyers? Does the seller hold both legal and beneficial ownership of the assets? On actual completion, will the buyer obtain legal and beneficial ownership of the assets? Are the parties connected with one another for tax purposes? If...
BPF CVA red flag clauses - insolvency engagement guidance (Jan 2020) The British Property Federation (BPF) is the trade body for the UK real estate sector and strongly urges potential promoters of a company voluntary arrangement (CVA), together with their nominees, to engage with the BPF before any CVA proposal is circulated. This dialogue enables representatives of the landlord community to pinpoint matters within a CVA that may require action, thereby helping to maximise the overall prospects of approval. Such engagement should (the BPF stresses) be in addition to—and not a replacement for—discussions with individual landlords (or groups of landlords) about issues specific to them. The Jan 2020 guidance contains a statement of best practice setting out how companies are expected to work with the BPF on prospective CVAs. A core element of that guidance is a list of what the BPF regards as the top 10 ‘red-flag’ clauses for landlords. The BPF advises landlords considering a vote on a proposed CVA to watch for these provisions and requests...
Higher Regional Court Düsseldorf , decision of 17 June 2024, 26 W 7/24 What are the practical implications of this case? Although the Higher Regional Court Düsseldorf reaffirmed the established approach of German courts to (anti-) anti-suit injunctions, the ruling gains special significance because it addresses Russia. During the last two and a half years, the EU has introduced sweeping sanctions on Russia following Russia’s war of aggression against Ukraine. Since then, arbitration proceedings brought by EU entities against their former Russian business partners have grown significantly. To offset EU sanctions and safeguard their positions, Russian parties possess a potent tool: Articles 248.1 and 248.2 of the Arbitration Procedural Code of the Russian Federation confer a right to seek an anti-suit injunction where foreign arbitration has been commenced against a Russian respondent and either that respondent’s access, or the access to justice of persons involved, is hindered by restrictive measures at the chosen seat of arbitration. In effect, these rules enable Russian parties to unilaterally erode arbitration agreements...
In this issue: Key developments and horizon scanning Leasing property Property management Statutory compliance Investigating title Transferring property Additional property updates this week Daily and weekly news alerts Trackers Key developments and horizon scanning Further comment on general election manifestos The Royal Institution of Chartered Surveyors has issued commentary and analysis on the general election manifestos of multiple parties — Conservative, Liberal Democrat, Labour, Green and Reform — with particular attention to housing and planning. In parallel, the British Property Federation has published its take on the Labour Party’s manifesto, following earlier remarks on the Liberal Democrat and Conservative platforms. See: LNB News 18/06/2024 25, LNB News 14/06/2024 33 and LNB News 19/06/2024 14. Source: UK General Election 2024: What it means for housing, Land and Rural Manifesto overview, BPF comments on the Labour Party manifesto and Labour Manifesto - BPF Analysis. Leasing property Forfeiture—breach notification covenant The Tropical Zoo Ltd...
In this issue: Regulatory framework for medicinal products Research and development Data protection and life sciences Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Regulatory framework for medicinal products Commission releases Communication to boost biotechnology and biomanufacturing The European Commission has issued a Communication on building the future with nature, outlining the obstacles and constraints in the EU’s biotechnology and biomanufacturing arena and setting out a suite of targeted measures to invigorate biotechnology and biomanufacturing across the EU. The European Federation of Pharmaceutical Industries and Associations (EFPIA) welcomed the Commission’s Communication and urged the Commission to bring forward, in its next mandate, a comprehensive health and life science strategy so that European patients can access innovative new treatments and technologies. See: LNB News 20/03/2024 81. MEPs adopt proposal to improve EU pharmaceutical legislation The Environment, Public Health and Food Safety Committee has adopted its proposals...
Issue Details The Comprehensive Nuclear-Test-Ban Treaty (CTBT) Parties: 178 (187 signatories) Adopted: 10 September 1996 Opened for signature: 24 September 1996 Entry into force: Not yet in force — requires ratification by all Annex 2 States Subject: Prohibition of all nuclear explosions What is the status of the Treaty? The Treaty will not take effect until every Annex 2 State has ratified it. These countries participated in CTBT negotiations from 1994–96 and had nuclear power or research reactors at that time. Annex 2 States: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Democratic People's Republic of Korea, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru, Poland, Romania, Republic of Korea, Russian Federation, Slovakia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Vietnam, and Zaire. Which States have yet to ratify...
This Practice Note closely explores the function of state immunity in connection with arbitration proceedings in the Russian Federation. For a concise introductory guide to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for further Practice Notes addressing state immunity across a broad range of jurisdictions worldwide (including England and Wales), please see our ‘State immunity’ subtopic: State immunity and arbitration—overview. State immunity—the Russian legal framework The Russian Federation (Russia) follows a restrictive, rather than absolute, approach to state immunity. This was not always the position. Russia’s restrictive stance on state immunity took effect on 1 January 2016, when Federal Law No 297-FZ ‘On jurisdictional immunities of foreign state and property of foreign state in the Russian Federation’ of 3 November 2015 (the Law on Immunities) entered into force. The Law on Immunities endorses the international law approach to state immunity. However, the Law on Immunities sets out several notable exceptions and waivers of immunity, which may only be applied to causes...
CASE HUB ARCHIVED This archived hub records the position as at the judgment of 19 September 2013; it is no longer being updated. See also: timeline, commentary and related/relevant cases Case facts Outline EFIM lodged an appeal against the General Court’s judgment that affirmed the Commission decision of 20 May 2009 dismissing EFIM’s complaint regarding purported infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the ink cartridges market. The matter examines the Commission’s procedure and scope of discretion in handling competition law complaints, and also reaffirms the substantive evaluation of ‘aftermarkets’ when considering Article 102 TFEU. Parties Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) Other Parties: European Commission Lexmark International Technology SA (Lexmark) Background On 30 March 2000, Pelikan AG (Pelikan), an ink and ink cartridge manufacturer, lodged a complaint with the Commission alleging an abuse of a dominant position by Hewlett-Packard...
Model Commercial Leases Over the years, several prominent property owners and trade associations have worked to craft plain-English, standardised versions of commercial leases. The Model Commercial Leases (MCL) are a client-driven programme, first commissioned by the British Property Federation. Use the link on this page to view those Model Commercial Leases: Model Commercial Leases...