Raising Definition

GLOSSARY

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What does Raising mean?

In England and Wales the term used would be issuing, ie in a Scottish context an initial writ (petition) is raised with the court.

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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

GAAR guidance: examples of non-abusive transactions—checklist

GAAR guidance: examples of non-abusive transactions—checklist The GAAR guidance aims to help interpret and apply the general anti-abuse rule (GAAR). This is why the GAAR guidance includes in Part D various examples to illustrate the types of arrangements HMRC considers should escape the GAAR and those which it considers should be caught by the GAAR. The current version of the GAAR guidance, as well as previous versions of the guidance, are available online (see: GAAR guidance). Part D of the GAAR guidance (which is dated 11 September 2020) contains the majority of the illustrative examples, but some are found in other parts of the guidance too. For ease of reference, the table in this Checklist: • pulls together • in one place • a list of the arrangements: ◦ referred to in any part of the GAAR guidance ◦ in respect of which HMRC has indicated it would not pursue counteraction under the GAAR (although note that much of the legislation underlying the examples has changed since the examples were...

Parliamentary procedure

Parliamentary procedure Types of Bill Most Bills are Public Bills, aimed at a change the law as it applies to everyone. Most Public Bills are government Bills, introduced by ministers either as part of their planned legislative programme, or in response to events. A Public Bill introduced by an MP or a Member of the House of Lords who is not a government minister is called a Private Member’s Bill. Relatively few Private Members’ Bills become law. It is important to keep Private Members’ Bills distinct from Private Bills. Private Bills aim at changing the law in a way that only affects particular individuals or organisations, rather than changing the general law affecting everyone. Each year a number of them are promoted in Parliament by outside organisations. For example, Transport for London (TfL) promoted the Transport for London Bill, aimed at giving TfL further financial and management powers. This Bill became the Transport for London Act 2016. Other examples are the University of London Bill, promoted...

Raising the profile of your in-house team—top tips

Raising the profile of your in-house team—top tips This Practice Note contains top tips for raising the profile of your in-house legal team within your company. Understand the business goals and strategy Work with senior stakeholders, such as general managers/managing directors, department and functional heads, to understand their objectives and timeframes. Ask them about their expectations of the legal team and for any ideas they have on how you could improve or evolve the service they currently receive. Create a vision of what and how your team delivers Once you have enough input from senior stakeholders, form your own vision of what you think your team should stand for and how it should deliver to the business. Write this down and take some time to refine it and test it, first with your manager or a mentor and then with your stakeholders. Work with your team to design your collective brand Get your team involved. Set up some time to host a brainstorming workshop or workshops where you share your...

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Accounts procedures for fee earners and support staff 2011 [Archived]

Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm’s Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name...

Policy and procedure—whistleblowing

Policy and procedure—whistleblowing 1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove anything about the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This...

Dive into our 86 Precedents related to Raising

Do all charitable incorporated organisations (CIOs) and charitable companies need to be recognised by HMRC to claim relief from corporation tax on bank interest?

Do all charitable incorporated organisations (CIOs) and charitable companies need to be recognised by HMRC to claim relief from corporation tax on bank interest? The basic rules for tax exemptions available to charities are set out in Part 10 of the Income Tax Act 2007, for income tax purposes (charitable trusts) and in Part 11 of the Corporation Tax Act 2010 for corporation tax (charitable companies). There has been some form of tax exemption for charities in tax legislation for a considerable period of time, but this exemption has not always been in the form it is now. There is an overriding requirement for a claim to be made for exemption and for the income concerned to be applied by the charity for charitable purposes only. Even so, only certain income can be exempt, namely: • profits of charitable trades • profits of small-scale trades and miscellaneous income • profits from fund-raising events • profits from lotteries • property income • savings and investment income and,...

I have been asked by a surviving spouse (following the death of her husband) to prepare a deed of variation to create a life interest for herself in her late husband's 50% of the matrimonial home. I am concerned that this could be considered a deprivation of assets by the local authority if the surviving spouse went into a home. Is there any guidance on this?

I have been asked by a surviving spouse (following the death of her husband) to prepare a deed of variation to create a life interest for herself in her late husband's 50% of the matrimonial home. I am concerned that this could be considered a deprivation of assets by the local authority if the surviving spouse went into a home. Is there any guidance on this? This response deals solely with deprivation of capital in the context of means testing of benefits that may be available in the event that an individual is required to go into care accommodation. There are few opportunities to avoid a local authority raising the issue of deprivation of capital if they are aware of a gratuitous parting with an asset. The Department of Health, Social Services and Public Safety: Charging For Residential Accommodation Guide, particularly sections 6.056–6.066 which deal with deprivation of capital may be useful. The sections deal with the factors that a local authority would take into consideration. They...

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A look at US SEC & CFTC’s record year for whistleblower awards

Law360: Since they were established with the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the whistleblower programs at the US Securities and Exchange Commission and the US Commodity Futures Trading Commission have emerged as the gold standard for whistleblower award programs.

Crying over spilt ‘milk’? Oatly loses TM battle to Dairy UK (Dairy UK v Oatly)

IP analysis: The Court of Appeal allowed an appeal by Dairy UK Ltd and reinstated a declaration made by the UK Intellectual Property Office that Oatly AB's trade mark ‘POST MILK GENERATION’ was invalidly registered for oat-based goods. The court of appeal followed the ruling in VSW v TofuTown,and held that trade marks would fall within the definition of ‘designation’ under Regulation (EU) 1308/2013 (the ‘Regulation’) on labelling of agricultural products. Both the Regulation and VSW v TofuTown being assimilated law pursuant to the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc) (EU Exit) Regulations 2019. The trade mark ‘POST MLK GENERATON’ containing the term ‘milk’ shall be used exclusively for dairy products derived from animals. The court found that the trade mark was not of such a nature as to deceive the public, however, it failed to describe any characteristic of the oat-based products in question and was invalidly registered. Written by Andrew Rigden Green, partner, head of International Arbitration at Stephenson Harwood (Hong Kong).

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