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Key tax considerations for a UK corporate borrower—checklist

Key tax considerations for a UK corporate borrower—checklist This Checklist details the key direct and indirect tax issues that a corporate borrower within the charge to UK corporation tax (a UK corporate borrower) should consider both before entering into a loan and throughout the term of a loan. It is intended to be used as a Checklist for a tax adviser of a UK corporate borrower and includes a brief description of the relevant tax issues and provides space for the tax adviser to make notes. This Checklist assumes that: • the borrower is a company within the charge to UK corporation tax in respect of the loan, ie it is either a UK tax resident company or a non-UK tax resident company for which the loan is attributable to its UK permanent establishment (a UK PE) or attributable to the non-UK resident company's trade of dealing in or developing UK land, and • the borrower and the lender are unconnected parties acting at arm's length It applies both to...

Drafting an agency agreement—checklist

Drafting an agency agreement—checklist This Checklist sets out the key commercial and legal issues to be considered when drafting an agency agreement. The Checklist distinguishes the approach for commercial agents (as defined in the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations)) and standard agency arrangements, and covers exclusive, non-exclusive and sole agency appointments. Although drafted from the perspective of the principal, this Checklist considers areas that may be important to agents, as well as the principal. It is anticipated that this Checklist will be used when drafting and reviewing agency agreements relating to the appointment of agents for territories in the UK, although consideration is given to issues that may arise where the agent is appointed for an overseas territory. Where an agency agreement covers an international territory and/or is entered into with a principal or agent located in another territory, consider whether local law advice is required. For guidance relating to agency generally, see Practice Notes: • Nature and types of...

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Personal injury referrals—SRA examples, flowchart and guidance

Personal injury referrals—SRA examples, flowchart and guidance This Practice Note summarises guidance and examples given by the Solicitors Regulation Authority (SRA) about what may constitute a permitted or prohibited referral arrangement for personal injury matters: The SRA guidance was published under the SRA regime 2011, but appears to apply equally to the SRA 2019 regime. What is prohibited? To fall foul of the personal injury (PI) referral fee ban, you must: • receive a referral • of a PI or ancillary claim • pay a prohibited referral fee, ie a fee for the referral itself, rather than in consideration for the provision of services or for another reason For more guidance see Practice Notes: Personal injury referral fee—the statutory regime and Personal injury referral arrangements—SRA requirements—What does the SRA prohibit? SRA guidance It is clear from Solicitors Regulation Authority's (SRA) guidance that there are two circumstances in which it considers the referral fee ban will not apply: • there is no referral as defined by the Legal...

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Referral and fee sharing arrangements—non-personal injury—regulatory requirements 2011 [Archived]

This Practice Note covers regulatory requirements for referrals to the firm and arrangements to share fees other than relating to personal injury and ancillary claims, which are covered by Practice Notes: Personal injury referral fee—the statutory regime, Personal injury referral arrangements—SRA requirements, Referral and fee sharing arrangements—non-personal injury—systems and controls 2011 [Archived] and Personal injury referrals—SRA examples, flowchart and guidance. SRA HandbookThe SRA Handbook commences with ten SRA Principles. These are mandatory and apply to every aspect of practice. The most relevant SRA Principles regarding referral and fee sharing arrangements are those requiring you to:•act with integrity•not allow your independence to be compromised•act in the best interest of each client•behave in a way that maintains public trust•provide a proper standard of serviceThe SRA does not prescribe:•which types of referral or fee sharing arrangements are permitted •what information must be disclosed to clientsInstead, it describes outcomes you must achieve in order to comply with the SRA Principles. These outcomes are mandatory and are supported by indicative behaviours. The indicative behaviours are...

Referral and fee sharing arrangements—non-personal injury—systems and controls 2011 [Archived]

This Practice Note covers systems and controls you should implement to monitor referrals to the firm and any arrangements to share fees, apart from in relation to personal injury and ancillary claims which are covered by Practice Notes: Personal injury referral fee—the statutory regime, Personal injury referral arrangements—SRA requirements, Personal injury referral arrangements—systems and controls and Personal injury referrals—SRA examples, flowchart and guidance. Key termsABSalternative business structure regulated by the SRA—characterised by the involvement of non-lawyer owners and/or managersCOLPcompliance officer for legal practicefirmsolicitor practice or ABSsolicitor practicesole practice, partnership, LLP or company owned and managed by lawyersSRASolicitors Regulation AuthorityDefinitionsSee Practice Note: Referral and fee sharing arrangements—non-personal injury—regulatory requirements 2011 [Archived] for full definitions of:•referral arrangement•introducer•fee sharing arrangementReferral and fee sharing arrangements are not mutually exclusive. It is entirely possible that firms will enter into fee sharing arrangements with introducers. This would be both a referral and a fee sharing arrangement.It is also very important to be aware that referrals between solicitors are caught by the definitions.Regulatory requirementsThe SRA Handbook commences...

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Introduction agreement for services—pro-introducer

Introduction agreement for services—pro-introducer This Agreement is made on [date] Parties 1 [insert name of company] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of introducer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Introducer) (each of the Supplier and the Introducer being a party and together the Supplier and the Introducer are the parties). Background (A) The Supplier is [insert details of the nature of the business of the Supplier] and requires the introduction of prospective customers to its business. (B) The Introducer is [insert details of the nature of the business of the Introducer] and has contacts who may become prospective customers of the Supplier. (C) The Supplier wishes to appoint the Introducer to make introductions of prospective customers to the Supplier on the terms and conditions of this Agreement....

Referral and fee sharing—approval request—personal injury and non-personal injury

Referral and fee sharing—approval request—personal injury and non-personal injury Details of arrangement Person making request [Insert the name of the requestor] Date of request Name of proposed introducer/fee sharer Financial or other terms proposed Do you have any personal interest in the proposed arrangement?(eg are you related to the introducer) Does the arrangement involve making payments to an introducer in respect of clients who are the subject of criminal proceedings.(If so, we cannot make a payment to the introducer) [Does the arrangement involve making payments to an introducer in relation to clients who are likely to receive public funding?(As a matter of policy, we will not

View the related q&as about Introducer

Is an introducer an associated person for the purpose of tax evasion facilitation prevention—law firms?

Is an introducer an associated person for the purpose of tax evasion facilitation prevention—law firms? What is the issue? The Criminal Finances Act 2017 (CFA 2017) created a new corporate offences of failure-to-prevent facilitation of tax evasion. Your firm can be held liable for this corporate offence if a person acting in the capacity of an associated person criminally facilitates a tax evasion offence. The definition of associated person is broad and can embrace a wide range of business relationships: • an employee who is acting in the capacity of employee • an agent (other than an employee) who is acting in the capacity of an agent, and • any other person who performs services for or on behalf of the firm who is acting in the capacity of a person performing such services—questions as to whether a person is performing services for or on behalf of a firm will be determined by reference to all relevant circumstances, not merely the nature of the relationship, contractual status or label...

In regards to regulated activities, where a company act as an introducer, what (if any) notice requirements apply? Does a company have to tell the customer on the website that they are an introducer? Does the company have to include authorisation details of the regulated entity who will provide the finance?

In regards to regulated activities, where a company act as an introducer, what (if any) notice requirements apply? Does a company have to tell the customer on the website that they are an introducer? Does the company have to include authorisation details of the regulated entity who will provide the finance? This Q&A has assumed that the reference to a company acting as a introducer means acting as an introducer appointed representative (IAR) in the Financial Services and Markets Act 2000 (FSMA 2000). See Practice Note: Appointed representatives, which provides an overview of how a firm (the Principal) that is authorised under FSMA 2000 shall appoint an appointed representative (AR), including an IAR. The Practice Note refers extensively to the Financial Conduct Authority's (FCA) rules in Chapter 12 of its Supervision Manual (SUP 12) which sets out the FCA's requirements for appointing an AR or IAR. You

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FCA rewrites disclosure rules, handing suspects the reins

Law360, London: Changes to disclosure rules at the Financial Conduct Authority (FCA) will give defendants more insight into its investigations than ever before—though the development might swamp those that cannot afford top legal advisers, lawyers say. The FCA said earlier in November 2024 that it plans to overhaul the way it approaches the disclosure of evidence in the wake of serious failures that led to the collapse of enforcement proceedings against several bankers

ASA rulings—6 November 2024

Two complaints were received by the Advertising Standards Authority (ASA) about advertising by CurrencyWave and Eurostar. The CurrencyWave complaint questioned whether the ad misleadingly implied the company was regulated by the Financial Conduct Authority (FCA) and if the cost comparison information was inaccurate. The Eurostar complaint challenged whether the company’s Instagram and Facebook ads exaggerated the availability of £39 tickets and omitted significant information. The ASA upheld both complaints.