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    The matrimonial home and agreeing a change in beneficial ownership - Court confirms importance of setting it out in writing
    2024-02-01

    Nilsson & Anor v Iqbal & Anor [2024] EWHC 49 (Ch) was an application by the joint trustees in bankruptcy of Mohammed Babar Iqbal for a declaration as to the beneficial ownership and an order for possession and sale of his former matrimonial home, Southview, Pollards Hill East in London. Mr Iqbal, the first respondent, did not appear to resist the trustees’ claim. The second respondent, Mrs Iqbal, did. She was his former wife under Islamic law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, Beneficial ownership, International Criminal Court
    Authors:
    Sarah May
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    The Companies (Amendment) Bill 2023 - Part 2
    2023-11-30

    The Companies (Amendment) Bill 2023 (“Bill”) was passed by the Dewan Rakyat (House of Representatives) of the Malaysian Parliament on 28 November 2023. It will be tabled before the Dewan Negara (Senate) and if passed, will be presented for Royal Assent and be gazetted into law.

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Litigation, SKRINE, Beneficial ownership
    Authors:
    Janice Ooi Huey Peng
    Location:
    Malaysia
    Firm:
    SKRINE
    The Register of Overseas Entities From a Restructuring and Insolvency Perspective
    2023-01-05

    This guide should not be relied on as a definitive guide to the legislation and should not be relied on as legal advice. The particular circumstances of any situation will need to be considered to determine if the overseas entity is one that is captured by the legislation, if the estate is a qualifying estate, and whether the beneficial owners need to be registered. As a result, this guide is intended only as a high-level overview.

    This guide covers the position of property and land situated in England and Wales only. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, White Collar Crime, Squire Patton Boggs, Beneficial ownership, Anti-money laundering, Insolvency, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Authors:
    John Alderton , Russell Hill , Monika Lorenzo-Perez , Charlotte Møller , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    TGIF 20 September 2019: Bondi Ponzi : investor funds rescued and found to be held on trust
    2019-09-20

    This week’s TGIF examines a recent decision of the NSW Supreme Court which considered whether funds held in certain bank accounts of a failed Ponzi scheme should be returned to investors or paid to creditors of the companies.

    What happened?

    Since freezing orders were obtained by ASIC in 2017, details surrounding the infamous Courtenay House ‘Ponzi’ scheme operated from a small office at Westfield in Bondi have slowly emerged.

    Filed under:
    Australia, European Union, United Kingdom, New South Wales, Capital Markets, Insolvency & Restructuring, Litigation, Public, Corrs Chambers Westgarth, Brexit, Beneficial ownership, Barclays, Australian Securities and Investments Commission, New South Wales Supreme Court
    Authors:
    Cameron Cheetham , Mark Wilks , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney
    Location:
    Australia, European Union, United Kingdom
    Firm:
    Corrs Chambers Westgarth
    Recent Amendments to the Companies Act (Register of Beneficial Owners) Regulations
    2020-06-30

    The issuance of the Companies Act (Register of Beneficial Owners) (Amendment) Regulations, referred to as Legal Notice 247 of 2020 confirms that the Registrar of Companies shall have further powers to investigate the ultimate beneficial ownership of the companies that are to be or are registered in Malta. These new Regulations, which came into force in June 2020, shall require Maltese companies to abide by new annual filing obligation confirming ultimate beneficial ownership of the relative company’s issued shares.

    Filed under:
    Malta, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Private Client & Offshore Services, BDO Malta, Beneficial ownership
    Authors:
    Dr. Giannella Barbieri
    Location:
    Malta
    Firm:
    BDO Malta
    Civil Fraud Quarterly Round-Up: Q2 2017
    2017-07-03

    Freezing Injunctions

    Filed under:
    Belgium, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White Collar Crime, Wills & Probate, Kingsley Napley, Fraud, Abuse of process, Money laundering, Beneficial ownership, Public limited company, Asset freezing
    Authors:
    Mary Young
    Location:
    Belgium, United Kingdom
    Firm:
    Kingsley Napley
    French Legal and Regulatory Update June 2017
    2017-07-24

    The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for June 2017.

    Please note that French legal concepts are translated into English for information only and not as legal advice. The concepts expressed in English may not exactly reflect or correspond to similar concepts existing under the laws of the jurisdictions of the readers.

    If you would like to consult this newsletter from past months, please click here.

    Filed under:
    European Union, France, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Real Estate, Tax, White Collar Crime, Hogan Lovells, Shareholder, Money laundering, Beneficial ownership, Terrorism financing, Article 29 Working Party
    Location:
    European Union, France
    Firm:
    Hogan Lovells
    CRA examines a creditor’s seizure of an interest in debtor-partnership
    2013-02-12

    In 2011-0427101C6 (released this week), the CRA was asked whether a creditor’s acquisition of an interest in a debtor-partnership could qualify as a “seizure” of the debtor-partnership’s property for purposes of s. 79.1. Section 79.1 contains rules (often favorable) for a creditor where the creditor has “seized” property of a debtor as a result of a foreclosure, conditional sale repossession, or similar transaction.

    Filed under:
    Canada, Insolvency & Restructuring, Thorsteinssons LLP, Debtor, Interest, Beneficial ownership
    Authors:
    Ian J. Gamble
    Location:
    Canada
    Firm:
    Thorsteinssons LLP
    Compliance Agenda — January 2020
    2020-01-16

    We are delighted to publish the latest edition of our newsletter, Compliance Agenda. It contains a round-up of all the latest legal updates of interest to Company Secretaries, Company Directors and Compliance Officers.

    Involuntarily struck off, can I bring my company back to life?

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, LK Shields, Money laundering, Beneficial ownership
    Authors:
    James Carolan
    Location:
    Ireland
    Firm:
    LK Shields
    English High Court finds settlor retained beneficial ownership
    2017-10-20

    In the latest decision in the long running Pugachevdispute, the High Court considered the effect of five trusts set up by Mr Pugachev, and whether the trusts were shams. Birss J held that he would have been prepared to declare the five trusts shams, but on the true interpretation of the trust documents and considering the powers reserved to Mr Pugachev as protector, all five trusts were, in effect, bare trusts for the benefit of Mr Pugachev.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Beneficiary, Beneficial ownership, Asset freezing, Beneficial interest, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Jeremy Garson , Richard Norridge
    Location:
    New Zealand, United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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