In Practice
133
Go to page
of
14
Taking effective security over future acquired assets: the importance of contractual intention
Taking security over after acquired assets is often linked in case law to the equitable remedy of specific performance transforming a contractual right into a proprietary one to the charged property; an essential element to secured finance structures. A closer analysis illustrates contractual intention of the parties, rather than specific performance, is the key factor.
18 March 2024International financing structures: increased focus on withholding tax
The ability to obtain withholding tax relief on interest payments is crucial in many international financing structures. For borrowers, without treaty relief, the cost of borrowing from a non-domestic lender increases significantly; in the absence of relief, domestic withholding tax is likely to apply, so the borrower must increase the payment due to the lender, under a so-called gross up clause. This is not entirely one-way; a lender based in a jurisdiction without access to a network of favourable tax treaties is likely to find it too difficult to lend money to foreign borrowers at similar returns to those lenders with access to a wide treaty network. These issues arise not only for third party lenders, but also where a group wishes to finance its international operations. In either case, the parties involved will want to prevent any withholding tax leakage.
18 March 2024Overhauling the rules on the law of the arbitration agreement?
A departure from Enka v Chubb amongst the Law Commission’s proposals to finetune the Arbitration Act 1996.
18 March 2024
Go to page
of
14
