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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

EU and UK Wire Transfer Regulations—timeline to 31 December 2023 [Archived]

EU and UK Wire Transfer Regulations—timeline to 31 December 2023 [Archived] ARCHIVED: This Practice Note is archived and is no longer maintained. For UK developments see: AML/CTF/CPF—timeline of UK legal and regulatory developments for financial services. For EU developments see: AML/CTF/CPF—timeline of EU legal and regulatory developments for financial services. This timeline outlines the developments in relation to the Wire Transfer Regulation (Regulation (EU) 2015/847) (also known as the Funds Transfer Regulation (FTR)), its predecessor the Wire Transfer Regulation (Regulation (EU) 1781/2006) and the Recast EU WTR2 (also referred to as the Recast EU Transfer of Funds Regulation (EU FTR2)) which entered into force in June 2023 and applies from 30 December 2024 and forms part of the wider European Commission 2021 legislative package overhauling the European Union’s AML/CTF legal framework and regulatory requirements. It further includes the onshoring of EU WTR2 through the Retained Regulation (EU) 2015/847 (UK WTR2) and relevant updates brought in through the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017,...

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Marketing authorisations: EU decentralised procedure—flowchart

Marketing authorisations: EU decentralised procedure—flowchart No medicinal product may be placed on the market unless it has been approved. This Flowchart outlines the procedure for obtaining an approval known as a marketing authorisation (MA) through the EU decentralised procedure. The decentralised procedure is used to obtain MAs for medicinal products in more than one EU Member State in parallel. A medicine may only be authorised in individual Member States in parallel if it is not mandated to be authorised via the centralised procedure (ie products containing new active substances; products which constitute a significant therapeutic, scientific or technical innovation or products for which the granting of an EU authorisation would be in the interest of patients or animal health at EU level) and medicines that have not received an MA in any Member State already at the time a decentralised application is

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Guide to the council budget decision

Guide to the council budget decision What is the budget? By 11 March each year, each Council must set an amount of council tax. Behind this, are a set of calculations laid down in legislation which boil down to the amount by which expenditure exceeds income in accordance with the required calculations and which then forms, in England, the authority’s ‘council tax requirement’ (whereas in Wales, it is still referred to as the ‘budget requirement’). For further information on council tax, see Practice Note: Council tax. Income will come from: • government grants (both general and ring-fenced) • business rates (national non-domestic rates (NNDR)), see Practice Note: National non-domestic rates—billing recovery, exemptions and reliefs • investments, and • fees or charges that the law may permit the Council to operate The Council may also make use of financial reserves it has for this purpose. Council tax itself is subject to certain strictures, not least of which is the capping regime, which then limits the amount of income that can be...

Extinguishing vehicular rights on highways under TCPA 1990, s 249

Extinguishing vehicular rights on highways under TCPA 1990, s 249 Section 249 of the Town and Country Planning Act 1990 (TCPA 1990) provides that an order to extinguish vehicular rights on a highway may be made where certain conditions are fulfilled. The section is mainly used for pedestrian schemes or to create a cul-de-sac of a side road which would otherwise lead onto a busy main road. It can also be used to remove vehicular rights on byway open to all traffic. See Practice Note: Public rights of way. Closure of a highway can only be commenced if a planning authority resolves that the action is necessary to improve the amenity of their local area (see below). Procedure for making orders The procedure for making orders under TCPA 1990, s 249 is set out in TCPA 1990, s 252. Before making an order, the Secretary of State or the Council of a London Borough must take the following steps: • publish in at least one local newspaper circulating...

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Property due diligence report—share or asset purchase

Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this report we have reviewed the following properties [insert details of the properties], (the ‘Properties’). 2 Basis of the review 2.1 Information relating to the Properties for the purposes of conducting our due diligence exercise and preparing our report has been sourced from the following: 2.1.1 documents provided in the due diligence [data room OR files] as set out in the index in Schedule...

Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market?

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market? Summary This Q&A refers to the European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on 12th March 2018, which could have an impact on the market for trading participations in syndicated and bilateral loans. Both of the Loan Market Association (LMA) and the City of London Law Society made representations asking for the Proposal to be shelved or at least amended to accommodate current market practice in the secondary loan market. Their representations are available on their respective websites. It is fair to say that in its original form the Proposal would have disrupted the secondary loan market by making due diligence on the part of a buyer much more complicated for the reasons given below. The UK indicated on 9 July 2018, shortly after publication of this Q&A, that it would not opt in...

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IFRS publishes progress report on corporate climate-related disclosures

The International Financial Reporting Standards (IFRS) Foundation has published a report to the Financial Stability Board, highlighting global progress in mandatory and voluntary corporate climate-related disclosures. The report also outlines alignment with the Task Force on Climate-related Financial Disclosures recommendations, noting that 82% of companies have disclosed information in line with at least one of the recommendations. It further reveals that over 1,000 companies have incorporated the International Sustainability Standards Board Standards in their reports, and 30 jurisdictions are working to integrate these Standards into their legal frameworks. A separate analysis by the IFRS Foundation of these 30 jurisdictions reveals a growing trend of including Scope 3 greenhouse gas emissions and industry-specific disclosure requirements in jurisdictional frameworks. In addition, 90% of jurisdictions are considering comprehensive sustainability-related risk and opportunity disclosures.

Duty of the arbitral tribunal and court to examine the contract, and failure of the arbitrator to establish or discuss questions felt necessary by court is not a ground to set aside arbitral award (Pam Developments Private Ltd v The State of West Bengal)

Arbitration analysis: The case concerns an appeal before the Supreme Court of India against the decision of the Calcutta High Court entertaining a challenge against an arbitral award. The Supreme Court partly allowed the challenge as the Calcutta High Court had wrongly interfered with an arbitral award on the basis that the arbitral tribunal and district/lower court had failed to establish/hold any discussion on questions it felt should have been considered/answered. The Supreme Court also allowed the appeal as the Calcutta High Court had erroneously observed that the contract prohibited grant of pre-reference interest. The Supreme Court, while partly dismissing the appeal, also emphasized on the need for the arbitral tribunal and court alike to examine the contract, as it is the foundation of the legal relationship. The decision signifies the careful consideration of multiple issues within an arbitral award and the scope of interference available to a court to interfere with an award. The fundamental duty of the court and the arbitral tribunal is to examine the contractual provisions,...