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VAT on property transactions—checklist

VAT on property transactions—checklist This Checklist sets out the key VAT issues to be considered on property transactions. The issues listed under ‘all property transactions’ should be considered in every case, followed by the issues that are listed under the particular transaction in question (grant of a lease, assignment or surrender of a lease, freehold sale, commercial development, or residential development). The issues listed under the grant of a lease, the surrender or assignment of a lease and the sale of freehold land may also be relevant to any development transaction. For detailed commentary on the VAT issues highlighted in this Checklist, see the VAT on property subtopic and in particular, the Practice Notes referred to in this Checklist. Type of property transaction Key VAT considerations All property transactions Is the transaction a transfer of a going concern (TOGC)? If so, there is no supply for VAT purposes so no VAT is due. For more detail, see Practice Note: VAT—transfers of a going concern involving land and buildings. ...

Deferred Prosecution Agreements entered into to date—checklist

Deferred Prosecution Agreements entered into to date—checklist A Deferred Prosecution Agreement (DPA) is a voluntary agreement between an organisation and a designated prosecutor which enables the prosecutor to defer a criminal prosecution by staying an indictment on specific terms agreed with the organisation (see Practice Note: Deferred prosecution agreements). It is therefore a means of alternative disposal for criminal offences. It involves the: • prosecutor inviting the organisation to enter negotiations for a DPA • organisation agreeing to comply with a range of terms and conditions which are monitored • prosecutor agreeing to start but then halt criminal proceedings for the alleged offence • prosecutor applying to the court for approval of the DPA No proceedings in relation to the matters covered by the DPA may be instituted against the organisation while the DPA remains in force and is complied with. Should the organisation breach the terms of the DPA, the prosecutor may apply to the court to restart the original criminal prosecution. DPAs are only available to organisations in...

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Finance party default—lenders

It isn’t only borrowers that can get into financial difficulties. Failure by a lender to meet its lending commitments under a loan agreement could have severe implications for the borrower, who may not be able to meet its own financial commitments. It is also likely to have knock on effects for other lenders who may find the borrower’s ability to make repayments is impacted.The Loan Market Association’s (LMA) recommended form of senior multicurrency term and revolving facilities agreement (compounded rate/term rate) for leveraged acquisition finance transactions (LMA leveraged facilities agreement), and the other LMA leveraged finance facilities agreements, contain provisions to help counteract some of the potential problems that may arise on syndicated facilities in the event that a finance party is at risk of not meeting its obligations. While the LMA recommended forms of investment grade documentation do not include the provisions, parties may decide to include them in other syndicated facility agreements. The standard form documentation is available to LMA members on the LMA website.Only a small proportion...

Commodity repo transactions and true sale considerations

Commodity repo transactions and true sale considerations Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial party like a trader in entering into commodity repos but the parties will need to do the appropriate legal and accounting due diligence and carefully check the wording of the documentation to ensure that the desired outcomes will be achieved. What is a commodity repo? Put simply, a commodity repo involves the sale of a commodity from one party (a seller) to another (a buyer) which is accompanied by a 'forward sale' under which the seller will repurchase the commodity from the buyer at a future date. There are a number of variations that a commodity repo structure can take; for example, the seller may have an obligation or an option to repurchase the commodity in the future, or the seller may act as a 'service provider' to monitor the commodity after it has been sold to...

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Literary rights option agreement

Literary rights option agreement This Agreement is made on [insert date] between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert Company name] a company incorporated in England and Wales whose registered number is [insert Company number] and whose registered office is at [insert registered office] (the Company); and 2 [insert Author name] of [address] (the Author). Background (A) The Author is the owner of the worldwide copyright in the literary work published by [name] entitled [title] (the Work). (B) The Author has agreed to option and assign to the Company certain rights in and to the Work subject to the conditions and for the consideration set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 The following definitions apply in this Agreement: Act • means the Copyright, Designs and Patents Act 1988; Final Budget • means the above and below the line production budget of the applicable Production (as approved by the financiers of...

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Insurance & Reinsurance weekly highlights—8 May 2025

This week's edition of Insurance & Reinsurance weekly highlights includes: the case of Malhotra Leisure Ltd v Aviva Insurance Ltd; Greensill, Gupta get 2027 trial date over US$400m dispute; Regulatory costs claim 3.3% of insurance brokers revenue; cases and decisions; and key dates for your diary.

Foreign countries have strong foundation to fill FCPA void

Law360, London: Shifting US enforcement priorities may soon create a crisis in international anti-corruption efforts.