What does Collective investment scheme mean? A collective investment scheme is an arrangement used to pool multiple investors’ money into a single fund that is professionally managed to produce income and/or capital growth. In the UK, the term is defined in section 235 of the Financial Services and Markets Act 2000 and used throughout financial services regulation. Core legal features are that investors do not have day‑to‑day control over management of the property, contributions and returns are pooled or the property is managed as a whole by or on behalf of an operator, and returns depend on the performance of the pooled assets. Operating or...
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This Practice Note considers what constitutes a Collective investment scheme (CIS), the exemptions available, and how both regulated and unregulated CIS (UCIS) are treated.
The meaning of a CIS is set out in section 235 of the Financial Services and Markets Act 2000 (FSMA 2000). It is deliberately wide and somewhat imprecise, capturing a broad and varied range of arrangements and not merely conventional investment funds.
Accordingly, the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001, SI 2001/1062 (CIS Order) was introduced in order to specify a number of categories of arrangements which, where they apply, will mean the arrangements in question are not regarded as a CIS for these purposes.
Under section 235 FSMA 2000, a CIS comprises any arrangements concerning property of any kind whatsoever, including money, whose purpose or effect is to enable those participating in the arrangements—whether by becoming owners of all or part of the property or otherwise—to take part in, or receive, Profits or income generated by acquiring, holding, managing or disposing of the property, or sums paid out of such profits or income...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...