In this we cover: Certificates of Title, Restrictions on Sale, Leases, Management & Maintenance, Physical aspects of the Property, Planning, Licensing & Environment and other related due diligence considerations
This document provides a summary of key UK property tax issues presented by Robert Maas of CBW Tax in March 2015. It discusses various property taxes including income tax, capital gains tax, capital allowances, VAT, SDLT, IHT, and council tax. It also examines the distinction between property investment and dealing, tax structures for property companies, overseas property ownership, and reliefs for capital expenditures and entrepreneur's relief.
Inter-Partes Review of Patents: The Case So Far (CLE)rimonlaw
This document discusses inter partes review (IPR) of patents. It begins with an overview of traditional options for challenging patents such as litigation and reexamination. It then provides details on IPR, including that it allows review of patent validity based on prior art under 102 and 103, has a faster timeline than litigation, and has resulted in over 1,000 claims being found unpatentable so far. However, it also notes risks such as claims being amended and estoppel preventing the same invalidity grounds from being raised again.
Due Diligence - Roping the Wind for Dust Particles Now Dentons
In this presentation, FMC's Brian Abraham, Q.C., outlines the entire legal due diligence process including: the lawyers role vs. that of the company, the purpose of due diligence, as well as a step-by-step checklist of the process. Also addressed is how the transaction structure affects the due diligence process and identification and assessment of key risks.
Due Diligence - Looking for Gold in the PaperNow Dentons
This presentation focuses on the details of the due dilligence process. It covers the definition and role of due dilligence, provides a legal due diligence checklist and gives an overview of key due dilligence points and mining considerations.
The document discusses deal compliance requirements when executing transactions. It covers why focusing on compliance is important given the large number of deals, describes common transaction vehicles like acquisitions, mergers, and conversions, and identifies key issues to consider including ensuring all entities are in good standing, properly handling intellectual property transfers, complying with anti-money laundering laws, and paying attention to timing of the transaction. The presentation aims to help practitioners navigate deal compliance requirements.
Due Diligence - What You Don’t Find Out Will Hurt YouNow Dentons
This presentation focuses on the details of the due dilligence process. It covers the definition and role of due dilligence, provides a legal due diligence checklist and gives an overview of key due dilligence points and mining considerations.
Our planning and development club 2016 covered the following topics.
• Starter Homes - an update on the proposed introduction of starter homes.
• Case of Stratford on Avon District Council v Persimmon Homes Ltd - consideration of an attempt by Avon District Council to compel a house builder to comply with certain planning conditions pertaining to its permission to build 85 houses. Court considered the Council’s actions unnecessary and disproportionate and verging on oppressive.
• Consideration of flood risk and how is impacts on planning applications - a reminder of the flooding considerations that will be taken into account by a local authority and how this could impact on developers’ applications and obligations.
• Overage - key considerations and tips and traps for both landowners and developers in agreeing an overage clause.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
This document provides a summary of key UK property tax issues presented by Robert Maas of CBW Tax in March 2015. It discusses various property taxes including income tax, capital gains tax, capital allowances, VAT, SDLT, IHT, and council tax. It also examines the distinction between property investment and dealing, tax structures for property companies, overseas property ownership, and reliefs for capital expenditures and entrepreneur's relief.
Inter-Partes Review of Patents: The Case So Far (CLE)rimonlaw
This document discusses inter partes review (IPR) of patents. It begins with an overview of traditional options for challenging patents such as litigation and reexamination. It then provides details on IPR, including that it allows review of patent validity based on prior art under 102 and 103, has a faster timeline than litigation, and has resulted in over 1,000 claims being found unpatentable so far. However, it also notes risks such as claims being amended and estoppel preventing the same invalidity grounds from being raised again.
Due Diligence - Roping the Wind for Dust Particles Now Dentons
In this presentation, FMC's Brian Abraham, Q.C., outlines the entire legal due diligence process including: the lawyers role vs. that of the company, the purpose of due diligence, as well as a step-by-step checklist of the process. Also addressed is how the transaction structure affects the due diligence process and identification and assessment of key risks.
Due Diligence - Looking for Gold in the PaperNow Dentons
This presentation focuses on the details of the due dilligence process. It covers the definition and role of due dilligence, provides a legal due diligence checklist and gives an overview of key due dilligence points and mining considerations.
The document discusses deal compliance requirements when executing transactions. It covers why focusing on compliance is important given the large number of deals, describes common transaction vehicles like acquisitions, mergers, and conversions, and identifies key issues to consider including ensuring all entities are in good standing, properly handling intellectual property transfers, complying with anti-money laundering laws, and paying attention to timing of the transaction. The presentation aims to help practitioners navigate deal compliance requirements.
Due Diligence - What You Don’t Find Out Will Hurt YouNow Dentons
This presentation focuses on the details of the due dilligence process. It covers the definition and role of due dilligence, provides a legal due diligence checklist and gives an overview of key due dilligence points and mining considerations.
Our planning and development club 2016 covered the following topics.
• Starter Homes - an update on the proposed introduction of starter homes.
• Case of Stratford on Avon District Council v Persimmon Homes Ltd - consideration of an attempt by Avon District Council to compel a house builder to comply with certain planning conditions pertaining to its permission to build 85 houses. Court considered the Council’s actions unnecessary and disproportionate and verging on oppressive.
• Consideration of flood risk and how is impacts on planning applications - a reminder of the flooding considerations that will be taken into account by a local authority and how this could impact on developers’ applications and obligations.
• Overage - key considerations and tips and traps for both landowners and developers in agreeing an overage clause.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
Title examinations are important to verify ownership and identify potential issues. They involve searching public records back through the chain of title to check for things like unpaid taxes, liens, and easements that could impact property rights. The recording system gives notice of property ownership changes, with race-notice statutes prioritizing recorded interests. During examinations, records are searched and instruments reviewed to identify defects and ensure marketable title. Paralegals can assist by ordering, performing, and reviewing examinations.
Sandra Singh has over 30 years of experience in film, television, financing, legal and administration. She has held various positions including Office Administrator, Contracts Administrator, Business Analyst, Project Officer, Loans Registrar and Legal Assistant. She has worked for organizations such as Insight Production Company, Canadian Television Fund, and Ontario Media Development Corp. Singh has expertise in legal reviews, contracts, budgets, audits, and tax credit programs.
Key success factors and potential pitfalls to avoid when bidding for an oml b...Olufola Wusu
Key success factors and potential pitfalls when bidding for an oil mining lease in Nigeria are discussed. Some key success factors include complying with all legal requirements, demonstrating technical and financial capabilities, and emphasizing Nigerian content and community participation. Potential pitfalls include cherry-picking assets, bid litigation that can stall transactions, delays in funding, and failing to obtain necessary approvals. Environmental and capacity issues have also posed challenges for some companies. Due diligence is important to avoid acquiring incomplete or non-bankable assets.
Key Success Factors and Potential Pitfalls to Avoid When Bidding for an OML b...Olufola Wusu
The document provides tips for successfully bidding for an oil mining lease in Nigeria. It discusses key success factors such as complying fully with bid requirements, providing clear and well-supported answers to evaluation criteria, and illustrating knowledge of the industry and regulatory environment. It also warns of potential pitfalls to avoid like bid non-compliance, delays in funding, and litigation issues. The evaluation criteria outlined focus on assessing technical capability, local content commitments, and evidence of ability to pay required fees.
Planning and development club - November 2017, NottinghamBrowne Jacobson LLP
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The document provides an overview of a presentation on property management. It discusses various topics including the pros and cons of being a landlord, types of properties and landlords, hiring a professional management team, leasing properties, managing rentals, tools for landlords, and taxation related to rental properties. The classroom rules and agenda are also outlined. The presentation aims to educate attendees on effectively managing rental properties and being landlords.
Successful Legal Due Diligence StrategiesLawPlus Ltd.
This document contains a presentation on successful legal due diligence strategies for mergers and acquisitions. It discusses the scope of a legal due diligence investigation, including a limited or full investigation and independent searches of the target company. It also covers legislation considerations regarding foreign ownership limits and exceptions. Additionally, it provides details on legal due diligence requirements, agreements, and the obligations of the seller, target company, and acquirer. The presentation concludes with techniques for effectively conducting and presenting the findings of a legal due diligence investigation.
The Real Estate (Regulation and Development) Act 2016 was implemented to regulate and promote the real estate sector in India. It aims to protect consumer interests and ensure transparency. Key aspects of the Act include mandatory registration of real estate projects and real estate agents with the Real Estate Regulatory Authority (RERA). The Act defines various entities such as promoters, allottees, and apartments. It outlines responsibilities of promoters such as maintaining separate bank accounts for funds collected from allottees. The Act is aimed at improving accountability and transparency in the real estate sector.
A Step By Step Guide To Growing A Technology Business The Legal Aspects O...lisaabe
Whether you are an entrepreneur or an investor, this presentation sets out the legal and business framework on How to Grow Your Technology Business into a profitable success!
Andrew Hedges, Partner at Norton Rose Fulbright LLP - Onsite Generation Solut...Global Business Events
This document discusses on-site energy generation solutions for UK businesses facing increasing energy costs and green regulations. It outlines the benefits of on-site generation such as enhanced energy security and long-term stable energy costs. The document provides guidance on setting up successful on-site generation projects, including developing a clear commercial proposal, achieving competitive tension between developers, and properly allocating risks and responsibilities between the site owner and developer through a development agreement.
The document discusses several key laws regulating real estate closings:
1) RESPA requires advance disclosure of settlement costs and prohibits kickbacks.
2) TILA mandates disclosures for loans, including interest rates and costs. It provides a 3-day right of rescission.
3) HOEPA and other laws target protections for subprime borrowers and prohibit predatory practices like loan flipping.
4) Disclosure forms must be properly completed under RESPA and TILA at various stages of the closing process.
This document provides a summary of Jon Pollard's career history and qualifications. It details his current role as an Employee Benefits Consultant at Quattro Fund Managers, where he has increased new business by 50% and assets under management by 152%. Previous roles include technical support roles at SAV Systems and T-Mobile, an assistant electrician role at Kamber Ltd, and several underwriting roles in the financial services industry from 1999 to 2008. Jon Pollard has a B-Tech in Information Technology and A-Levels in Maths and English Literature.
This document provides an overview of intellectual property and MyIPO's outreach and support activities for small and medium enterprises in Malaysia. It discusses the IP chain of activities, different types of intellectual property including copyright, trademarks, patents, and more. It also summarizes Malaysia's legal framework for IP protection, international IP conventions, and MyIPO's role in promoting IP awareness and supporting SMEs through various outreach programs and funding. The goal is to help more Malaysian businesses utilize and commercialize intellectual property.
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On 1 Oct 2012 CPR Part 63 was amended to create a new small claims track for the Patents County Court. This presentation explains why these rule changes are important and show how they may be operated.
The document provides an overview of intellectual property (IP) including MyIPO's outreach and support activities for small and medium enterprises (SMEs) in Malaysia. It discusses key topics such as the IP chain of activities, different types of IP like copyright and patents, international IP conventions, Malaysian IP laws, commercialization strategies, and MyIPO's programs to raise IP awareness among SMEs. These include funding for seminars and outreach events nationwide, assisting geographical indications, and incorporating IP education in university curricula. The goal is to transform Malaysia into a nation of creators rather than just users of IP.
The document provides an overview of intellectual property (IP) including MyIPO's outreach and support activities for small and medium enterprises (SMEs) in Malaysia. It discusses key topics such as the IP chain of activities, different types of IP like copyright and patents, international IP conventions, Malaysian IP laws, commercialization strategies, and MyIPO's programs to raise IP awareness among SMEs. These include funding for seminars and outreach events nationwide, developing an entrepreneurship curriculum, and providing assistance for geographical indications. The goal is to support innovation and help more Malaysian-owned IP as currently only 20% of IP rights in Malaysia are owned locally.
The document provides an overview of intellectual property and MyIPO's outreach and support activities for small and medium enterprises in Malaysia. It discusses [1] the IP chain of activities including creation, innovation, commercialization, protection and enforcement; [2] the different types of intellectual property including copyright, trademarks, patents, industrial designs, and geographical indications; and [3] MyIPO's programs to raise IP awareness and support SMEs through seminars, outreach activities, and curriculum development in universities.
The document provides an overview of intellectual property and MyIPO's outreach and support activities for small and medium enterprises in Malaysia. It discusses [1] the IP chain of activities including creation, innovation, commercialization, protection and enforcement; [2] the different types of intellectual property including copyright, trademarks, patents, industrial designs, and geographical indications; and [3] MyIPO's programs to raise IP awareness and support SMEs through seminars, outreach activities, and curriculum development in universities.
The document provides an overview of intellectual property (IP) including MyIPO's outreach and support activities for small and medium enterprises (SMEs) in Malaysia. It discusses key topics such as the IP chain of activities, different types of IP like copyright and patents, international IP conventions, Malaysian IP laws, commercialization strategies, and MyIPO's programs to raise IP awareness among SMEs. These include funding for seminars and outreach events nationwide to educate SMEs on utilizing IP to power their businesses.
A deposit is a pre-agreed instalment towards the purchase price in a sale contract.
The Courts have held that the 2 functions of a deposit are to be:
- an earnest commitment to bind the bargain, which means a deposit acts as an indication the Buyer is serious in carrying out the bargain; and
- a guarantee of due performance, that is security of the performance.
A deposit is usually paid at or upon shortly upon the buyer’s signing of the contract.
Usually, a deposit should be no more than 10% of the total purchase price, and commonly may be less. Note: there is no specific laws on that deposit percentage amount per se*.
The other practical, commercial and financial reasons for why a deposit is useful:
> Often the seller will incur not-insignificant fees and expenses (e.g. sale preparatory work and undergoing due diligence, applying to lessor for consent to assignment of lease etc), independent of whether the actual contract proceeds to settlement or completion. So may be also used to partially-compensate for some of those costs incurred If the buyer ultimately walks away”.
> Loss of potential, other sale opportunities during the express or implied exclusivity period during the conditions precedent of sale contract. This could be months or longer
> It's good to have the buyer show it has “skin in the game” by having such "hurt money" put upfront on & the table.
Tip: Even with the best of Confidentiality Deeds/NDAs , the deposit helps reinforce the value and proprietary nature of the seller’s business or entity.
> Not uncommonly, the Buyer entity may be newly-established . Therefore, if there is default or repudiation, even if they are subsequently pursued by the seller, the Buyer may not have any actual capitalisation to be realised against!
> Lastly, if a buyer or won’t (or can’t!?) put up even the deposit, then you should have serious concerns about their financial capacity to commit all the way through the transaction.
Franchising systems - when they work and what to do when they don't!Tom Meagher
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Title examinations are important to verify ownership and identify potential issues. They involve searching public records back through the chain of title to check for things like unpaid taxes, liens, and easements that could impact property rights. The recording system gives notice of property ownership changes, with race-notice statutes prioritizing recorded interests. During examinations, records are searched and instruments reviewed to identify defects and ensure marketable title. Paralegals can assist by ordering, performing, and reviewing examinations.
Sandra Singh has over 30 years of experience in film, television, financing, legal and administration. She has held various positions including Office Administrator, Contracts Administrator, Business Analyst, Project Officer, Loans Registrar and Legal Assistant. She has worked for organizations such as Insight Production Company, Canadian Television Fund, and Ontario Media Development Corp. Singh has expertise in legal reviews, contracts, budgets, audits, and tax credit programs.
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Key success factors and potential pitfalls when bidding for an oil mining lease in Nigeria are discussed. Some key success factors include complying with all legal requirements, demonstrating technical and financial capabilities, and emphasizing Nigerian content and community participation. Potential pitfalls include cherry-picking assets, bid litigation that can stall transactions, delays in funding, and failing to obtain necessary approvals. Environmental and capacity issues have also posed challenges for some companies. Due diligence is important to avoid acquiring incomplete or non-bankable assets.
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The document provides an overview of a presentation on property management. It discusses various topics including the pros and cons of being a landlord, types of properties and landlords, hiring a professional management team, leasing properties, managing rentals, tools for landlords, and taxation related to rental properties. The classroom rules and agenda are also outlined. The presentation aims to educate attendees on effectively managing rental properties and being landlords.
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This document contains a presentation on successful legal due diligence strategies for mergers and acquisitions. It discusses the scope of a legal due diligence investigation, including a limited or full investigation and independent searches of the target company. It also covers legislation considerations regarding foreign ownership limits and exceptions. Additionally, it provides details on legal due diligence requirements, agreements, and the obligations of the seller, target company, and acquirer. The presentation concludes with techniques for effectively conducting and presenting the findings of a legal due diligence investigation.
The Real Estate (Regulation and Development) Act 2016 was implemented to regulate and promote the real estate sector in India. It aims to protect consumer interests and ensure transparency. Key aspects of the Act include mandatory registration of real estate projects and real estate agents with the Real Estate Regulatory Authority (RERA). The Act defines various entities such as promoters, allottees, and apartments. It outlines responsibilities of promoters such as maintaining separate bank accounts for funds collected from allottees. The Act is aimed at improving accountability and transparency in the real estate sector.
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Andrew Hedges, Partner at Norton Rose Fulbright LLP - Onsite Generation Solut...Global Business Events
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The document discusses several key laws regulating real estate closings:
1) RESPA requires advance disclosure of settlement costs and prohibits kickbacks.
2) TILA mandates disclosures for loans, including interest rates and costs. It provides a 3-day right of rescission.
3) HOEPA and other laws target protections for subprime borrowers and prohibit predatory practices like loan flipping.
4) Disclosure forms must be properly completed under RESPA and TILA at various stages of the closing process.
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On 1 Oct 2012 CPR Part 63 was amended to create a new small claims track for the Patents County Court. This presentation explains why these rule changes are important and show how they may be operated.
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A deposit is a pre-agreed instalment towards the purchase price in a sale contract.
The Courts have held that the 2 functions of a deposit are to be:
- an earnest commitment to bind the bargain, which means a deposit acts as an indication the Buyer is serious in carrying out the bargain; and
- a guarantee of due performance, that is security of the performance.
A deposit is usually paid at or upon shortly upon the buyer’s signing of the contract.
Usually, a deposit should be no more than 10% of the total purchase price, and commonly may be less. Note: there is no specific laws on that deposit percentage amount per se*.
The other practical, commercial and financial reasons for why a deposit is useful:
> Often the seller will incur not-insignificant fees and expenses (e.g. sale preparatory work and undergoing due diligence, applying to lessor for consent to assignment of lease etc), independent of whether the actual contract proceeds to settlement or completion. So may be also used to partially-compensate for some of those costs incurred If the buyer ultimately walks away”.
> Loss of potential, other sale opportunities during the express or implied exclusivity period during the conditions precedent of sale contract. This could be months or longer
> It's good to have the buyer show it has “skin in the game” by having such "hurt money" put upfront on & the table.
Tip: Even with the best of Confidentiality Deeds/NDAs , the deposit helps reinforce the value and proprietary nature of the seller’s business or entity.
> Not uncommonly, the Buyer entity may be newly-established . Therefore, if there is default or repudiation, even if they are subsequently pursued by the seller, the Buyer may not have any actual capitalisation to be realised against!
> Lastly, if a buyer or won’t (or can’t!?) put up even the deposit, then you should have serious concerns about their financial capacity to commit all the way through the transaction.
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