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Lending definition

What does Lending mean? In copyright practice, lending means making a copy of a protected work available for use on the understanding that it will, or may, be returned. It is a statutory concept in the UK and Ireland and is distinguished from rental by the absence of any direct or indirect economic or commercial advantage. Lending to the public usually occurs through establishments accessible to the public (for example, public libraries and certain educational or cultural institutions). Reasonable cost‑recovery charges do not convert lending into rental. The classification matters because lending to the public is a restricted act. It engages the rightsholder’s exclusive lending...

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Oral loan for friend's property purchase: CCA & FCA authorisation

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What is the regulatory regime under the Financial Services and Markets Act 2000 (fsma 2000)

Under section 19 of the Financial Services and Markets Act 2000, the general prohibition applies: a person must not carry on a regulated activity in the UK, or even purport to do so, unless they are within one of the permitted categories below.

  • An authorised person (that is, authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority)
  • An exempt person (for example, an appointed representative)

For an outline of the UK regime governing regulated activities, see Practice Note: What are regulated activities? An activity is regulated if it is of a ‘specified kind’—as listed in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544—and it is carried on by way of business.

For further detail on what amounts to carrying on a regulated activity ‘by way of business’ in the UK, refer to Practice Notes: What does ‘by way of business’ mean? and Territorial scope of the general prohibition.

What is a regulated credit agreement?...

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Russell Kelsall
Russell Kelsall

Russell is a Partner at Walker Morris LLP and its Head of Consumer & Motor Finance. He leads an experienced team of non-contentious and contentious lawyers specialising in consumer, motor and asset finance. He has market-leading expertise in regulated financial products with a particular specialism in consumer credit, mortgages, payment services and savings. He is often instructed to advise on sensitive regulatory issues, including interactions with the Financial Conduct Authority and the Financial Ombudsman Service. Russell is the author of 'Consumer Credit: Law, Practice and Precedents', an editor of 'Goode: Consumer Credit Law and Practice', 'Goode: Consumer Credit Reports', ‘Butterworths Financial Regulation Service’ (on CONC, MCOB and BCOBS), ‘Asset and Project Finance’ (on equipment leasing) and ‘Practical Lending and Security Precedents’ (on debentures). Industry guides describe him as an "expert in the industry who knows exactly what to do in any given...

Web page updated on 27/05/2026

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