Legal Practice Notes

This Practice Note offers a succinct overview of TIEAs. For a broader introduction to tax information exchange across jurisdictions, see Practice Note: Exchange of information on tax matters. For guidance on the OECD's Multilateral Convention on Mutual Administrative Assistance in Tax Matters (the Multilateral Convention), see Practice Note: The OECD Multilateral Convention on Mutual Administrative Assistance in Tax Matters ( MAATM). For an introduction to the automatic exchange of information, including the Foreign Account Tax Compliance Act (known as FATCA) and the Common Reporting Standard (the CRS), see Offshore tax evasion—overview and Practice Note: Automatic exchange of information—outline. What is a TIEA? A TIEA is a bilateral arrangement through which jurisdictions agree to co-operate on tax matters by sharing information. Most TIEAs are modelled on the OECD's Model Agreement on Exchange of Information on Tax Matters, published in 2002. Under the Model...

A tattoo is a permanent body mark made by piercing the skin and placing coloured ink beneath the surface. Slim, ink-charged needles pass through the outer epidermis into the deeper dermis, which contains blood vessels, hair follicles, glands, nerves and lymph vessels. This injury sparks inflammation, and the immune system swiftly sends macrophages, a form of white blood cell, to support healing. Tattoos are therefore long-lasting, though, like a scar, they may fade with time. Macrophages engulf dye particles to aid the repair process; some travel to the lymph nodes, while others remain within the dermis. The remaining colour is taken up by fibroblast skin cells and, together with the macrophages, this keeps the tattoo in place. Tattoo machine Modern hand-held tattoo machines, sometimes called ‘tattoo guns’, use electromagnetic coils to drive an armature bar up and down. Attached to this bar is a grouped set of...

This Practice Note offers practical direction on classifying products under the Harmonised System nomenclature. It sets out guidance across sections, chapters, headings and sub-headings, and explains the general rules for interpreting the Harmonised System nomenclature. It also supplies step-by-step guidance for classifying a product with clarity. Introduction All goods are classified. Each good is assigned a classification, commonly called a customs or tariff classification. Every item is classified using the Harmonised System ( HS) nomenclature code. The HS code, defined by the World Customs Organisation ( WCO), enables uniform classification of goods. This consistency allows all World Trade Organisation ( WTO) Member States—around 184—and some non- Members to trade on the same basis. It facilitates trade because all goods are categorised uniformly under the same rules. This ensures, for instance, that a fresh peach ( HS 080930) is not treated as a preserved peach ( HS...

Scope of this Practice Note This Practice Note explains the designated regulated activity of ‘providing targeted support’, arising from amendments to the Financial Services and Markets Act 2000 ( Regulated Activities) Order 2001 ( RAO), and mirrored in the Financial Conduct Authority’s near-final Handbook rules set out in policy statement PS25/22: Supporting consumers’ pensions and investment decisions: rules for targeted support. It also summarises the context behind the new framework, with particular reference to the FCA’s Advice Guidance Boundary Review ( AGBR), and points to associated HMT publications. The FCA expects firms to be able to apply for permissions to deliver targeted support from March 2026, with the rules planned to come into force on 6 April 2026, subject to legislation. Background to the AGBR: In its Consumer Investments Strategy, published in September 2021, the FCA outlined its ambition for a consumer investment market in which...

In a crowded professional services market, firms are distinguished by the calibre of the people they hire. Sourcing and selecting the right person is only half the task; once they join, you must develop and retain them to secure an advantage in an increasingly competitive and fickle landscape. This Practice Note covers: what is talent management the business case for talent management what hinders a talent management strategy talent management model developing a talent management strategy What is talent management? Talent management has become increasingly prevalent in recent years. More than another slice of management jargon, when executed well it helps firms build a culture devoted to creating, supporting and developing a workforce of top performers—an ambition many pursue but few truly realise. Talent management involves: identifying the talent the organisation needs, now and in the future ...

ARCHIVED : This Practice Note applies when seeking to obtain evidence in an EU Member State where the transitional arrangements on taking evidence in Article 68(b) of the Withdrawal Agreement had been satisfied before IP completion day (31 December 2020). For guidance in assessing whether those transitional criteria have been fulfilled, consult Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, especially the main section: Taking of evidence. If the transitional provisions do apply, the rules and practice direction that were operative immediately prior to implementation day (i.e. 30 December 2020 at 11 pm) will continue to govern. In this Practice Note they are described as old Part 34 and old practice direction 34A. For further guidance, see Practice Note: Brexit post implementation period— CPR changes [ Archived], in particular the main section: Part 34— Witnesses, depositions and evidence for foreign courts. Copies of the...

The Taking Control of Goods legislation The taking control of goods ( TCG) regime comprises two distinct processes: TCG—superseding the former writs of fieri facias and warrants of execution used to enforce judgment debts Commercial rent arrears recovery ( CRAR)—replacing the previous distress for rent procedure for commercial rent arrears This Practice Note addresses only the TCG route. For CRAR, see Practice Note: Commercial rent arrears recovery ( CRAR). The TCG framework is set out in several interrelated instruments: Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) The Taking Control of Goods Regulations 2013, SI 2013/1894 ( TCG Regulations) The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 ( Fees Regulations) Certification of Enforcement Agents Regulations 2014, SI 2014/421 ( Certification Regulations) CPR 83– CPR 85 Together, these provisions operate as an essentially self-contained procedural code governing all aspects of TCG. For many practitioners, detailed engagement with this...

Takaful is a form of risk protection arranged in accordance with Islamic principles. To appreciate how takaful operates and how its documentation works, it is vital to note: the basis of takaful lies in Shari’ah ( Islamic law) its core is the sharing of risk among participants (policyholders), rather than transferring risk to the takaful operator (insurance company) at all times the risk sits with the fund into which participants pay contributions and from which claims are settled as needed (the Participants Solidarity Fund) Tabaru’, Qard Hasan and Shari’ah supervision as key underlying mechanics of takaful Tabaru’ Tabaru’ is an Arabic term signifying a ‘donation’ or a ‘voluntary and gratuitous contribution’. In Islamic legal terms, tabaru’ is a distinctive form of contract: instead of a bilateral exchange, it is a unilateral declaration to transfer ownership without seeking any return. As with the...

1. What is the applicable legislation? Investment into Taiwan is categorised as either non‑ PRC foreign investment or PRC investment. The Statute for Investment by Foreign Nationals 1960 ( SIFN), most recently revised on 19 November 1997, governs foreign investment in Taiwan, setting out restrictions as well as protections and administrative rules. PRC investors face tighter controls than other foreign investors in practice. Key instruments applicable to PRC investment are the Act Governing Relations between the Peoples of the Taiwan Area and the Mainland Area 1992 and the Measures on Investment Permits for People of the Mainland Area 2009 ( MIPPM). Under Article 3 of the MIPPM, a PRC investor means a PRC natural person, legal person, organisation, other institution, or their third‑area company. A third‑area company is treated as a PRC investor if 30% of its equity is owned or...

This Practice Note forms part of a multi-jurisdictional guide covering key aspects of establishing particular business vehicles across global jurisdictions. Member firms within the Multilaw global law firm network address core questions on this subject. This chapter highlights principal considerations for setting up a company limited by shares in Taiwan. Current as at 7 March 2023. Prepared by Benjamin Li, Lee and Li, Attorneys-at- Law, a Multilaw member firm. Common entities 1. Which entity is covered by this questionnaire? Which other commonly used vehicles in this jurisdiction are addressed in separate responses? This response concentrates on the company limited by shares. 2. Other entity types that exist locally but are not covered here include: General partnership Limited partnership Unlimited company Limited company Unlimited company with limited liability shareholders Close-held company limited by...

Updated in October 2025 Introduction Since the mid-twentieth century, Taiwan has stood among the ‘ Asian Tigers’, sustaining a vibrant capitalist economy with a strong global footprint. The World Trade Statistical Review 2025 records Taiwan as the 16th largest exporter in world merchandise trade for 2024, while the IMD World Competitiveness Yearbook 2025 ranks it 6th worldwide. The government also provides a range of attractive incentives that enhance Taiwan’s business-friendly appeal. Supported by political stability and a dependable domestic market, deep expertise in both hardware and software engineering, a rich pool of high-calibre talent, mature infrastructure, and favourable investment legislation, Taiwan offers a compelling setting for enterprise. Positioned at the heart of the Asia Pacific, it serves as a strategic bridge to major economies including the US, China, Japan and Korea, along with emerging markets such as the ASEAN Economic Community ( AEC). In June 2010, the...

In Scotland, under common law, a lease does not in fact end on the specified expiry date (ish) unless: either party serves proper and timeous notice of termination that notice is then implemented by subsequent conduct; and/or the tenant, in a separate document, confirms the lease will terminate and that they will vacate on the stated date Tacit relocation applies whether the lease was constituted: formally informally through circumstances engaging rei interventus, or orally See: Introduction: Stair's Laws of Scotland ( Stair Memorial Encyclopaedia) [373]. Tacit relocation does not extend to seasonal leases where no notice to quit is required, eg seasonal sporting leases or leases for grazing or mowing. For further information, see: Leases affected: Stair Memorial Encyclopaedia [375]. Effect of tacit relocation The principle of tacit relocation (silent re-letting) is that, where neither party gives notice of an...

This Practice Note This Practice Note sets out the systems and controls to consider when your firm receives personal injury ( PI) referrals, so you can spot banned PI referral arrangements and ensure compliance with the statutory and regulatory framework for any PI referral arrangements you regard as permissible. It reflects the SRA Standards and Regulations and the underlying statutory scheme—the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012). For guidance on referrals made by your own firm, see subtopic: Introductions to third parties for complementary information. Not every PI referral arrangement to your practice that involves payment is unlawful in every circumstance. See Practice Note: Personal injury referral arrangements— SRA requirements— Statutory regime, which outlines the statutory scheme and how the SRA applies it. See also Practice Note: Personal injury referrals— SRA examples, flowchart and guidance. For guidance on the SRA’s...

What is a securitisation? Securitisation is a method used to fund the holding or disposal of categories of assets that would otherwise be hard to fund/sell (ie ‘illiquid’ assets such as bilateral loans and mortgage and other loans to natural persons). In its most common and basic form, securitisation is a financing method that consists of a bank or another financial institution (the originator) selling very large pools of these income-producing assets to a special purpose vehicle ( SPV). To finance the purchase, the SPV issues interest-bearing securities (also called ‘bonds’ or ‘notes’) into the capital markets; these instruments benefit from security over the assets and/or the cashflows generated by them (the ‘receivables’). The cashflows produced by the receivables are applied to pay interest and redeem principal on the securities, and investors can generally look only to the receivables for repayment....

The syndicated loan scheme ( SLS) The SLS permits the syndicate manager to lodge a single application for all lending members collectively who are resident in jurisdictions that have a double tax treaty ( DTT) with the UK, in order to obtain relief from the requirement to deduct (and account to HMRC for) an amount in respect of UK income tax on UK source interest paid to them, provided the applicable relevant DTTs allow such relief. In this Practice Note, the duty to deduct (and account to HMRC for) an amount in respect of UK income tax from UK source yearly interest payments is described as a withholding tax, even though it is, in substance, a means of actually collecting UK income tax from the UK-based payer rather than from the...

Note: the Swiss cases mentioned below are not included in Lexis Nexis® reports. Introduction Swiss domestic and Swiss international arbitration Swiss law draws a line between domestic and international forms of ‘ Swiss’ arbitration. The former is set out in Part 3 of the Swiss Code of Civil Procedure of 19 December 2008 (the ‘ Swiss CCP’; minor revisions to Part 3 most recently took effect on 1 January 2025), while the latter is governed by Chapter 12 of the Swiss Private International Law Act of 18 December 1987 (the ‘ PILA’; overhauled in 2021). Each framework addresses largely the same topics as the UNCITRAL Model Law on International Commercial Arbitration of 1985, as amended in 2006 (the ‘ Model Law’), yet neither follows the Model Law’s architecture, preserving their autonomy and distinctive character. Swiss arbitration legislation applies solely to proceedings seated in...

Loan market and developments Swiss National Bank figures for September 2024 indicate that banks licensed in Switzerland extended credit facilities of CHF1.384m (utilised) and CHF1.752m (committed) to borrowers incorporated or resident in Switzerland, of which CHF1.196m were utilised mortgage loans. Commercial lending has risen gradually yet consistently in recent years, a pattern expected to endure, notably for individuals and small to mid-cap corporate borrowers. Switzerland’s market for syndicated loans has grown substantially over the last two decades; during the pre-2008 peak, commitment levels in the high three-digit millions were not unusual. The financial crisis, the more stringent Basel III capital requirements and the strong Swiss franc curbed Swiss banks’ appetite for very large exposures. Lately, Swiss-based syndicates have faced mounting competition from foreign arrangers of syndicated loans and managers of high-yield bond issues, particularly for major Swiss corporates and issuers, alongside private funds...

This table sets out every concluded probe by Switzerland’s competition watchdog (the Competition Commission—the COMCO) into suspected cartels, anti-competitive arrangements and abuses of dominance since 2018. Only investigations placed in the public domain appear here. 2026 Investigations under Article 5 of the Cartel Act 1995 No Article 5 decisions have been handed down by COMCO in 2026. Investigations under Article 7 of the Cartel Act 1995 Big rock and pop concerts — Ticketcorner; Aktiengesellschaft Hallenstadion Zürich Issue: Concern that Ticketcorner and Aktiengesellschaft Hallenstadion Zürich exploited a dominant position via a 2008 arrangement requiring at least 50 per cent of tickets to be sold through Ticketcorner for the arena to be rented to organisers. Development: Infringement decision announced—22/01/2026; fines totalling CHF 115,000 imposed. 2025...

The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern—unless the parties agree otherwise—all arbitrations begun on or after 1 June 2021 where the arbitration agreement cites the Swiss Rules or the former rules of chambers or organisations that have acceded to, or placed their proceedings under, the Swiss Rules. This Practice Note outlines key aspects of the Swiss Rules and how they are overseen by the Swiss Arbitration Centre ( SAC). Additional detail on many of these points appears in related Practice Notes listed under ‘ Related documents’. For material on the 2012 Swiss Rules, see Swiss Rules arbitration—overview. Limited involvement of institution in proceedings Compared with certain other institutional regimes, administration under the Swiss Rules is deliberately light-touch, with the institution’s role and intervention kept to a minimum. The SAC’s Arbitration Court is responsible for...

The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern—unless the parties agree otherwise—any arbitration begun on or after 1 June 2021 on the basis of an arbitration agreement where the clause refers to the Swiss Rules, or to the former rules of chambers or organisations that adopted the Swiss Rules or placed their proceedings under them. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. A recurring element of institutional arbitration frameworks, including the Swiss Rules, is the institution’s involvement in setting and administering arbitration costs. Under the Swiss Rules, though, arbitral tribunals enjoy broader powers on costs than under several other prominent institutional regimes, such as those of the International Chamber of Commerce ( ICC) and the London Court of International Arbitration ( LCIA). This Practice Note addresses costs and security for costs under the Swiss...