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Legal Topic Areas
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More about Legal Topic Areas
List of areas of law – Wikipedia, the free encyclopedia
The following is a list of major areas of legal practice and important legal subject- matters. For list of legal terms see: List of legal topics and list of legal terms …
Description of Legal Areas
Click on a link below for a description of Legal Area / Specialty. Administrative Law, DUI / DWI / Traffic, Mergers And Acquisitions. Admiralty And Maritime Law …
Law – Laws Center – Law Practice Areas
Free searchable Laws center with practice areas. Find comprehensive information about the laws: family, business, criminal, personal injury and more.
Other Legal Areas
Types of Lawyers and Areas of Law Definitions
Find out what type of attorney you need and what area of law your situation is covered by. Select the first letter of the word from the list below to jump to app.
Free Legal Information – Laws, Blogs, Legal Services and More.
Legal Practice Areas
Get the inside scoop on legal practice areas including job …
Braxton Group
Business Contracts
Our commercial department have wide ranging experience in advising on business contracts and agreements of all kinds.
You can find more about us at www.braxton-group.com
Whether you’re seeking a solicitor or lawyer for company law, commercial or business law legal documents, employment law, divorce & family law, conveyancing, probate, litigation or a host of other types of legal help, advice and services for business and individuals, you can count on us.
The advice we offer is always based on significant legal and, equally importantly, practical commercial experience, fixed fee pricing which is cost effective, often using our existing business agreements and contracts templates. We have a policy of “Plain English”. There is no waffle or jargon in the way we charge for our services or in the documents we prepare !
Contract Law
Getting your contracts right is a fundamental requirement for success in business.
At Darlingtons, we understand that bsuinesses, especially start ups and small businesses, often see legal advice as of little tangible benefit and considerable expense. However, the better way to look at it is, what are the consequences of not having the right business contracts ? These include potential inability to pursue debts owed to your business, litigation, possible cashflow issues or even being sued.
Our approach is to strike a balance between understanding a client’s need for cost efficiency and proportionality whilst also taking into account that every business is different, every sector is different and one size does not fit all for business contracts and can be a very danmgerous approach.
We use our experience and sizeable libraray of contract templates for each client’s bespoke needs. We can help with any type of business contract, whether employment contracts, terms and conditions or any other type of commercial contract or agreement.
What are the basics of a contractual relationship ?
In order to form a contract, the essential elements are:
1. offer
2. acceptance
3. consideration, which is a promise, an act, or a promise not to act and represents the value in the contract
4. capacity i.e not bankrupt and an adult
5. intention to create legal relations
Other advantages of our services are :-
•A fixed fee and practical report on business contracts and agreements which have been drafted by other solicitors concerning the transaction
•Our business contracts and agreements are in template form and can be adapted and re-used at low cost or no cost for repeated use
•A FREE 30 minute initial telephone consultation regarding any business contract you need
As examples (we can assist with all business contracts and agreements so please also contact us for advice on any type of contract not on this list) of the breadth of our service and experience :-
• Franchise agreement
•Joint venture agreement
•Limited liability partnership
•Licensing agreement
•Consultancy contract
•Confidentiality agreement
•Indemnity agreement
•Loan agreement
•Assignment deed
•Terms & condistions of business
•Shareholder’s agreement
•Partnership Agreement
•Service contract
•Construction contract
•Building contract
•Terms & conditions
•Employment contract
•Business sale contract
typical uses of contracts (there are very many)
•Advertising Contract
•Agency Contract
•Agreement Appointing a Consultant
•Contract for the sale of a business
•Commercial Lease
•Commission Agreement
•Conditions of sale
•Confidentiality Agreement
•Consultant Terms
•Contract for the hire of equipment
•Contract for the hire of premises
•Director’s Service Agreement
•Distribution Agreement
•Email/Internet Use Policy
•Email use Policy
•Employment contracts
•Employment of a self employed person
•Exclusive Sales Representative Agreement
•Introduction and Commission Agreement
•Offsite IT Support Contract
•Joint Venture Agreement
•Lease of Business Premises
•Licence for Alterations
•Licence for Manufacture and Sale
•Licence to Occupy
•Limited Liability Partnership Agreement
•Loan
•Manufacture and Supply Agreement
•Multimedia Licensing Agreement
•Non Compete/Non Competitive/Anti Competitive Agreement
•Non-disclosure agreement
•Online terms and conditions
•Option to buy property
•Overseas Employment Contract
•Parent Company Guarantee
•Partnership Agreement
•Payment Guarantee
•Promissory Note
•Purchase Order Contract
•Rent Deposit Agreement
•Sale/Purchase of a business
•Sale/Purchase of shares in a limited company
•Appointment of a sales consultant
•Services agreement
•Shareholders’ agreement
•Shorthold tenancy agreement
•Supply, manufacture and sale agreement
•Surrender of a lease
•Termination of and release from a contract
•Standard terms and conditions of sale
•Contract for the supply of works and services
Company, commercial & business law
Company law is a highly regulated, statutory area of law, and our company law solicitors in London cut through the legal jargon to advise you in plain English about your company’s rights and obligations under company law.
We provide cost effective, practical advice on company, commercial and general business law to businesses of all sizes. Our company solicitors and lawyers work closely with clients, ranging from start ups to thriving medium sized enterprises and stockmarket listed companies.
Our experience and services include but are not limited to :
•General small business law and advice
•Advice on corporate finance
•Mergers and acquisitions
•Buying and selling of other businesses, whether shares or assets
•Employment law
•Assistance in understanding Data Protection law and it’s implications
•Joint ventures
•Intellectual property law
•Employment contracts
•General corporate law
•Shareholder’s agreements
•Shareholder’s rights
•Director’s duties
•Agency and Consultancy/sales agreements
•Private company structures
•Insolvency, administration, receivership and liquidation
Please contact us
A to C Legal Definitions
a fortiori a priori assumption a.k.a. ab initio AB trust ABA abandon abandoned property abandonment abandonment (of residence) abandonment (of trademark) abate abatement abduction abet abeyance abortion abrogate abscond absentee ballot absolute abstention doctrine abstract abstract of judgment abstract of title abstract of trust abstractor abuse abuse excuse abuse of discretion abuse of process abut accelerated depreciation acceleration acceleration clause accept acceptance acceptance of service access accessory accommodation accompanying relative accomplice accomplice witness accord and satisfaction account stated accountant accounting accounts payable accounts receivable accredited investor accretion accrual method of accounting accrue accumulated earnings accumulation trust accusation accused acknowledge acknowledged father acknowledgment ACLU acquisition of citizenship acquit acquittal act act of God act of nature action actionable actual controversy actual damages actual notice actuarial tables actus reus ad hoc ad litem ad seriatim ad valorem tax ADA addendum ADEA adeem ademption ademption by satisfaction adequate remedy adhesion contract (contract of adhesion) adjourn adjudicate adjudicated delinquent adjudication adjustable rate mortgage (ARM) adjusted basis adjusted gross income (AGI) adjuster adjustment adjustment date adjustment of status adjustment period administer administration (of an estate) administrative expenses administrative hearing administrative law administrative law judge (ALJ) Administrative Procedure Act administrator administrator ad litem administrator ad prosequendum administrator cum testamento annexo administrator de bonis non administrator de bonis non cum testamento annexo administrator pendente lite administrator with will annexed administratrix admiralty court admiralty law admissible evidence admission admission against interest admission of guilt admit adopt adopted child adoption adoptive parent ADR adult adultery advance advance directive advance parole advance sheets advancement adverse adverse interest adverse party adverse possession adverse witness advisory opinion affiant affidavit affirm affirmative action affirmative defense affix affranchise after-acquired evidence after-acquired property after-acquired title after-discovered evidence age discrimination Age Discrimination in Employment Act (ADEA) age of consent age of majority agency agent agent for acceptance of service agent for service of process aggravate aggravated assault aggravated battery aggravating circumstances AGI agreed statement of facts agreement aid and abet aleatory alias alibi alibi witness alien alien registration card (ARC) alienation alienation of affections alimony aliquot ALJ allegation allege Allen charge alluviation alluvion alter ego alternate beneficiary alternative dispute resolution (ADR) alternative minimum tax (AMT) alternative pleading alternative reproductive technology (ART) alternative writ of mandate (mandamus) AMBER Alert ambiguity amend amended complaint amended pleading amended tax return American Bar Association (ABA) American Civil Liberties Union American Clean Energy and Security Act of 2009 American Recovery and Reinvestment Act of 2009 Americans with Disabilities Act (ADA) amicus amicus curiae amnesty amortization AMT ancillary administration ancillary jurisdiction ancillary probate angel investor annual exclusion amount annual exclusion gift annual meeting annual percentage rate annuitant annuity annulment answer antenuptial agreement Anthony Kennedy anticipation anticipatory breach anticontest clause antilapse statute antitransfer laws antitrust laws Antonin Scalia APN apparent authority appeal appear appearance appellant appellate court appellate jurisdiction appellee applicable exclusion amount appraisal appraise appraiser appreciate appreciation approach approach the witness appurtenant APR arbiter arbitrary arbitration arbitrator arguendo argument ARM arm’s length arraignment arrearages arrears arrest arrest warrant arson ART article articles of impeachment articles of incorporation articles of organization as is assault assault and battery assess assessed value assessor assessor’s parcel number asset assign assigned risk assignee assignment assignment for benefit of creditors assisted suicide associate Associate Justice association assumable mortgage assume assumption assumption of risk assured asylum at issue memorandum at-will employment attached attachment attempt attest attestation attestation clause attorney attorney at law (or attorney-at-law) attorney fees Attorney General attorney of record attorney work product attorney work product privilege attorney’s fee attorney-client privilege attorney-in-fact attractive nuisance attractive nuisance doctrine audit auditor augmented estate authenticate author authority authorize automatic stay autopsy avails aver averment avowal avulsion award
back-to-back life sentences bail bail bond bail bondsman battery bench warrant benefit of counsel Berghuis v. Thompkins (2010) bestiality beyond a reasonable doubt bias bill of attainder binding precedent blackmail blanket search warrant blue ribbon jury Board of Education v. Earls (2002) bond bondsman booking bounty hunter Brady material breach breach of the peace breaking and entering bribery burden of proof burglary
CAFC cafeteria plan calendar calendar call calendar year accounting period call call option calumny cancel cancellation cancellation of removal caning canon law cap cap and trade capacity to contract capital capital account capital asset capital case capital expenditure capital gains capital investment capital offense capital punishment capital stock capitalization capitalized expenditure capitalized interest capitalized value capricious caption carbon offset care careless cargo insurance carnal knowledge carrier carryback carrying for hire carrying on business carryover carryover basis cartel case case law case of first impression case system cash method of accounting cash surrender value cashier’s check casual labor casualty casualty loss causa mortis cause cause of action caveat caveat emptor CC&Rs CCCS cease and desist letter cease and desist order census certificate of citizenship certificate of deposit (CD) certificate of formation certificate of incorporation certificate of organization certificate of title certificate of trust certification mark certification of trust certified check certified copy certified public accountant (CPA) certiorari chain of title challenge challenge for cause chambers champerty chancellor chancery change of circumstances Chapter 11 bankruptcy Chapter 12 bankruptcy Chapter 13 bankruptcy Chapter 13 plan Chapter 7 bankruptcy Chapter 9 bankruptcy character witness charge charitable contribution charitable gift annuity charitable lead trust charitable organization charitable remainder annuity trust charitable remainder trust charitable remainder unitrust charitable trust charity chart of accounts charter chattel chattel mortgage check chief justice child child custody Child Status Protection Act (CSPA) child support child’s trust Chinese Exclusion Act Christian Legal Society v. Martinez (2010) church and state churn churning CID CIF circuit court circumstantial evidence citation cite citizen citizen’s arrest Citizens United v. Federal Election Commission (2010) civil civil action civil case civil code civil law civil liability civil liberties civil penalties (civil fines) civil procedure civil rights Civil Rights Act of 1964 civil union civil union partners claim in bankruptcy claims Clarence Thomas class class action Clayton Antitrust Act Clean Air Act (CAA) clean hands doctrine clean room Clean Water Act (CWA) cleaning fee clear and convincing evidence clear and present danger clear title clearly erroneous clerk Clinton v. City of New York (1998) close corporation closed shop closed-end loan closely held corporation closing closing argument closing costs cloud on title code Code of Federal Regulations (C.F.R.) Code of Professional Responsibility codefendant codicil codify cohabitation Cohan rule coho coho salmon cohousing coinsurance collaborative divorce collaborative law collateral collateral attack collateral consanguinity collateral descendant collateral estoppel collection agency collective mark collective work collision damage waiver collision insurance coverage collusion collusive action color of law color of title comaker comfort care comity comity of nations commencement of action comment commerce commercial frustration commercial law commingling commission commitment common area common carrier common interest development common law common law marriage common property common stock community interest development community property community property with right of survivorship community service community trust commutation commute a sentence company comparable rectitude comparative negligence compensation compensatory damages competence competent competent evidence competent witness compilation complainant complaint compos mentis compound interest compound question compounding a felony comprehensive insurance coverage compromise compromise verdict compulsory joinder compulsory license concealed weapon concealment conclusion conclusion of fact conclusion of law concurrent condition concurrent resolution of Congress concurrent sentence condemn condemnation condemnation action condition condition precedent condition subsequent conditional bequest conditional ownership conditional resident conditional sale conditional SSI payments conditions of carriage condominium condonation condone confess confession confession and avoidance confession of judgment confidence game confidential communication confidential relation confine confirmation hearing confiscate conflict of interest conflict of laws conformed copy conforming loan confrontation confusingly similar conjugal rights connivance consanguinity conscientious objector conscious parallelism consecutive sentence consent consent decree consent judgment consent order consequential damages conservatee conservator conservatorship consideration consign consignee consignment Consolidated Omnibus Budget Reconciliation Act (COBRA) consortium conspiracy conspirator constable constitution constitutional amendment constitutional rights constitutional tort construction constructive constructive discharge constructive eviction constructive fraud constructive notice constructive possession constructive receipt of income constructive trust construe consulate consumer credit Consumer Credit Counseling Service (CCCS) Consumer Leasing Act consumer protection laws consumer report consummation contemplation of death contempt contempt of court contest contiguous contingency contingency fee contingent contingent annuity contingent beneficiary contingent fee contingent interest contingent ownership contingent remainder contingent trust contingent will continuance continuing objection continuing trespass contra contraband contract contract for deed contract of adhesion contractor contribution contributory negligence control controlled substance controlling law controversy contumacy contutor conversion convey conveyance conveyee convict conviction cookie cooling-off rule cooperative cooperative housing cop a plea coparcenary copartner copy copyright copyright notice Copyright Office copyright owner copyright registration coroner corporate charter corporate opportunity corporate resolution corporate trustee corporation corporeal corporeal ownership corpus corpus delicti corpus juris corroborate corroborating evidence corroborating witness cosign cosigner cost basis cost bill cost of completion cotenancy cotenants cotrustee counsel counselor count countable resource counter wills counterclaim counterfeit counteroffer counterpart county attorney course of employment court court calendar court costs court docket court of appeal(s) Court of Appeals for the Federal Circuit Court of Claims Court of Customs and Patent Appeals court of equity Court of International Trade court of law court order court reporter court trial court witness court-martial covenant covenant marriage covenant not to compete covenant of quiet enjoyment covenant that runs with the land covenants, conditions, and restrictions cramdown credibility credible witness credit bureau Credit Card Accountability Responsibility and Disclosure Act of 2009 Credit CARD Act credit counseling credit file credit insurance credit report credit reporting agency credit score credit shelter trust credit union credit, n credit, v creditor creditor’s claim creditor’s rights crime crime against nature crime of passion criminal criminal attorney criminal calendar criminal case criminal complaint criminal insanity criminal justice criminal law criminal procedure cross-claim cross-complaint cross-examination cross-licensing cruel and unusual punishment cruelty cruelty to animals Cruzan v. Missouri Department of Health (1990) CSI effect CSS culpability culpable cum testamento annexo Cumis counsel cumulative sentence cumulative voting curator cure cure or quit current monthly income curtesy custodial interference custodial parent custodian custody custody (of a child) Customs and Border Protection (CBP) Customs Court CWA cy pres doctrine (see-pray-doctrine) cybersquatting
Agreements for Small Business
Agreements and Contracts for Small Business
Agreements and contracts for small business, organized by subject. To begin, select an item from the list below.
•Starting a Business
•Incorporation and Legal Structures
•Employment and Human Resources
•Taxes
•Business Operations
•Credit & Debt Collection
•Finance & Banking
•Mergers and Strategic Transactions
•Intellectual Property
•Litigation & Disputes
•Bankruptcy
•Closing a Business
•Federal Government Forms
More about Agreements and Contracts for Small Business
Small Business Forms & Contracts
Legal information including a variety of business forms and contracts, do-it- yourself resources, and help finding a local small business attorney
Sample Partnership Agreement … – Small Business Notes
A sample copy of a standard partnership agreement.
Creating a Business Partnership Agreement — Business Plan Help …
Legal information including a variety of business forms and contracts, do-it- yourself resources, and help finding a local small business attorney
Contracting Opportunities for Small Businesses
Federal contracting opportunities information gateway for small business owners … encourages small businesses to bid on contracts for some of these needs. …
Contracting Opportunities |
Am I a Small Business? Register for Government Contracting ·
Small Business Contracts Advice
Advice on small business contracts, contract templates, employment contracts and law, rights and responsibilities explained.
If you and your partners don’t spell out your rights and responsibilities in a written partnership agreement, you’ll be ill-equipped to settle conflicts …
Where to Find Sample Small Business Agreements -
Looking for samples of small business agreements? This free information shows you where to look.
FREE FORMS & LEGAL FORMS – Download Forms -
Free Forms, Legal Forms, Small Business Forms, Contracts, Agreements, Letters, Templates, Search Online, Free Business Forms, Legal Form Software, …
Legal Agreements for Small Business
A range of legal agreements for small business, including confidentiality agreement, outsourcing contract, service level agreement, and more.
Business Agreements | Small Business
Business Agreements – read about Business Continuation Agreements, Business Contract Agreement, Business Transfer Agreements, How do I Write a Business …
Key Contracts for Small Business Success | Company Activities …
The following is a summary of ten key contracts for small and growing businesses .
Resources to find a lawyer
“If you needed a lawyer for a personal legal matter, how likely would you be to use the following resources to find one?” Among the resources listed were webistes, directories, social networking sites and blogs.
According to the survey, Forty-nine percent of respondents were very likely or somewhat likely to turn to websites where viewers can ask lawyers for legal information if they needed a lawyer for a personal legal matter. Sometimes sites offer answers exclusively on legal matters, while other sites include legal matters among a variety of topics such as accounting, plumbing and health issues. The interest people have in using Q & A sites to help find a lawyer for a personal legal matter seems consistent with the notions that people want fast and free information on the Internet, be it legal information or otherwise. It is unclear from this research whether people anticipate using Q & A sites to simply solve their legal matters or whether they think about using it to identify a lawyer who is knowledgeable about their particular issues, who they then anticipate subsequently hiring.
Forty-seven percent of respondents were very likely or somewhat likely to turn towebsites where lawyers are rated. This type of third-party credentialing is not unlike the verification a person gets when they turn to a trusted source such as a friend or family member. Obviously, the distinction is that the viewer is unfamiliar with those who provide the ratings. Nevertheless, customer rating sites have becoming popular in a variety of matters, including hotel and travel resources, doctors and teachers.
The second tier includes directories and online matching services. Thirty-nine percent of respondents reported they were very or somewhat likely to turn to online directories as a source to find a lawyer for a personal legal matter. Online directories were an early resource for legal services when the Internet emerged as a commercial vehicle.
Directories typically enabled viewers to identify an area of practice, such as domestic relations or bankruptcy and cross tab that with a geographic location, often a state or major city. The refinement of a few dominant search engines may have disintermediated and reduced the value of online directories. Now a viewer can now merely search for a divorce lawyer in Peoria through a search engine rather than first finding a directory and then using that to ultimately find the lawyer. Search engines are facilitating local searches for lawyers in a field of practice in a particular location and enhancing the search through mapping features that help viewers find the lawyer’s office. Nevertheless, the likelihood of using online directories was in the middle of the pack in this poll.
Twenty-seven percent of respondents reported that they were very or somewhat likely to use a website where people posted their problems and lawyers interested in representing them would then follow up and contact the potential client. This question was intended to ask about matching services. However, it may have been awkwardly presented in a way that led respondents to the belief that their personal information was posted online for all to see. This possibility is supported by the fact that 50% of respondents reported they were very unlikely to use such a model, a percentage substantially higher than the other first and second tier models.
Respondents reported they would be far less likely to use interactive tools that commonly fall under the banner of Web 2.0 compared to the other models included in the research.
Less than one of out five of the respondents were very or somewhat likely to use social network sites such as Facebook as a source when they needed a lawyer for a personal legal matter. Fifteen percent were very or somewhat likely to use blogs.
Just fifteen percent said they were very or somewhat likely to use blogs. It follows, therefore, that blogs are ineffective as tools for client development, right?
Of course not. The question makes no sense. A blog is not a selection tool. It is not a directory. It is not somewhere anyone would go to “find” something.
Rather than looking at blogs and social media as something new, we think people look at blogs and social media as accelerators of relationships and your word of mouth reputation.”
The lead conclusion of the ABA survey is that the first place people turn when looking for a lawyer is to a trusted source.
The goal of all legal networking, we believe, can be summed up in those two words: trusted relationships. Just as consumers buy brand names over generics, legal consumers hire the lawyer their cousin recommended and corporate counsel retain firms based on colleagues’ referrals. In each case, what sways the decision is trust.
A blog is a reputation accelerator. Not every blog is. It has to be well done. It has to have thoughtful posts. It has to offer insight. I’m not talking about the blogs that are nothing more than SEO engines.
It is rare that a potential client will call a lawyer and say, “I’m calling you because you have a blog.” It is far more common, however, for a potential client to call a lawyer who blogs and say, “I’m calling you because I researched lawyers online who handle this kind of law and found frequent references to you.”
Trust is an amorphous and highly subjective concept. A blog is certainly no magic bullet. A blog can, however, provide substantiation for why you should be trusted.
Online networking is no different than traditional networking – if you overlook the fact that it is plugged in, supercharged and global in reach. When done right and to full effect, social media tools add rocket fuel to all of the ways lawyers traditionally get new business. They support client referrals and recommendations, they support peer referrals and recommendations, they take in-person networking beyond physical limits, they strengthen alumni relationships, they simulate conferences and publishing by enabling you to highlight your knowledge and expertise, they even allow you to respond to RFPs.
Social media are a set of tools for broadening and strengthening your network of trusted relationships. Used properly and effectively, social media will enhance your reputation, strengthen confidence in your “brand,” and broaden your professional and personal networks. All of these combine to give others a reason to trust you – and you them.
Blogging is a powerful tool for building a lawyer´s reputation. You need to have a foundation to build on. Blogging won’t make you a great lawyer or even let you pretend to be one. But if you are a thoughtful lawyer with knowledge and insight to share, blogging lets you do that on a level far beyond that of any other publishing platform.
Legacy and regulatory
Dodd Frank Act in its Title IV related to Investment Funds and Adviser Registration covers a vast array of financial activity from retail to institutional with domestic and extra-territorial consequences and makes major changes to the registration of private fund managers and eliminates the availability of the registration exemptions by foreign hedge funds and private equity funds.
The old exemption from registration for advisers with fewer than 15 US investors is eliminated as of July 21, 2011 and is replaced by new exemptions that are limited and therefore not terribly useful.
Consequences of this are to file a SEC registration to passport across the US and avoid the tremendous burden to undertake a review of the securities law on a state by state basis.
Advisers’ registration with the SEC implies the filing of Form ADV to disclose detailed information regarding the adviser’s business.
Registered advisers will face many obligations including compliance procedures, code of ethics, conflicts of interest disclosure, compliance officer designation, extensive books and records maintenance requirements…
Registered investment advisers will be required also to report once a year through the filing of Form PF thus providing significant amounts of detail regarding the private funds they advise – compliance date for filing may be as earlier as 12/15/2011.
Although seemingly in contradiction with Dodd Frank, Foreign Account Tax Compliance Act, FATCA is an over-reaching peace of legislation on tax avoidance that will trigger all financial intermediaries to enter agreement with US tax authorities and enforce tax information reporting and withholding for US persons investing via/in non-US entities.
Investments funds and Collective Investment Schemes are in the scope; therefore mutual/hedge/private equity/FoFs/ETF/managed accounts are all concerned by FATCA with some exclusion that would need to be reviewed and monitored on an ongoing base.
Custody, fund administration, private banking and transfer agency functions are all impacted by FATCA and it is therefore paramount to understand the different duties of FATCA and how they will need to be address on the value chain of your organisation.
Braxton has financial regulation expertise in cross-border provision of asset management services and is able to offer help on the consequences of these provisions to non-US investment advisers and all financial intermediaries and fund structures.
Dutch Pension Funds in Spain
Dutch pension funds in Spain
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In Spain the Audencia Nacional national judicial court (equivalent to court of appeal In the UK) has delivered a judgment regarding withholding taxes levied on foreign pension schemes in the state of Spain as an agreement. In that Judgment, three Dutch pension schemes (ABP, PGGM and MN Services), had brought a joint action before the court due to the fact that the Spanish dividends that were distributed to them were subject to a 15% withholding tax, whereas Spanish pension funds are not subject tax under Spanish Corporate Income Tax Law.
The positions of the claimants said that the tax treatment applied by them as foreign pension schemes in Spain was discriminatory under the european Law. Claimants stressed that the Spanish tax law was discriminatory on the fields of nationality as well as violating one of the four main principles of EU Law, namely the free movement of capital (Art. 63 TFEU). Claimants also based their arguments on the primacy of EU Law over the Spanish national law.
The Audencia Nacional concludes that the Spanish Tax Authorities (STA) should not have levied withholding tax on the dividends distributed to the Dutch pension funds and the STA will therefore have to refund the amounts withheld to the pension funds. Moreover this financial regulation has confirmed that the Spanish regulations have been discriminatory in the past against foreign European pension funds in Spain.
This discriminatory treatment has led to a differentiated tax treatment between non-resident and resident entities and this in turn, has violated the EU principle of the free movement of capital.
As a result of this judgment Spain is now one of the jurisdictions where companies may obtain a refund when they have been treated in a discriminatory manner under EU Law and are subject to greater tax burdens than local entities, provided the pension funds have made appropriate claims within the relevant time limits. However the appeal court judgment may be appealed by the STA at the supreme court. The judgment only refers to pension funds but the court decision may apply for other investment vehicles such us UCITS as well provided that the court refers to the change of law in Spain per 3 March 2010 which says that foreign pension funds and UCITS are subject to Spanish withholding tax but exempt from taxation on dividends and capital gains (with retroactive effect to 1 January 2010). Spain, thus, follows the line of thought established in ECJ cases such as Fokus Bank. EU/EEE pension funds are advised to file protective claims. They may still need to litigate in order to obtain a refund in Spain. Late payment interest will be accrued.
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