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 explores the principal regulatory considerations concerning unregulated Collective investment schemes (UCIS) in the UK. It outlines what UCIS are, the risks they present, the regulatory framework applicable to UCIS, limits on their treatment, and how they align with the UK alternative Investment fund managers (AIFM) regime...
In the UK, an unregulated collective investment scheme (UCIS) is any collective investment scheme (CIS) that is not supervised by the Financial Conduct Authority (FCA) as either an authorised (regulated) fund or a recognised scheme. Businesses and individuals can consult the FCA register to verify whether a CIS is authorised or recognised. For more on authorised and recognised funds, including the meaning of a CIS, see Practice Note: Collective investment schemes—essentials...
In the vast majority of cases, a UCIS will also constitute an alternative investment fund (AIF) for the purposes of the UK AIFM regime derived from the Alternative Investment Fund Managers Directive (AIFMD) (Directive 2011/61/EU) (see UCIS and the UK AIFM regime below)...
A UCIS can be set up, operated and/or managed within the UK or in a jurisdiction outside the UK...
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 ]...