Pinsent Masons

The Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (AIFMD) was transposed into national law in the UK on 22 July 2013 and introduced requirements concerning transparency and the information which must be disclosed to potential investors prior to making a decision to invest. The principal document for any investor and alternative investment fund manager (AIFM) is the investment prospectus, also known as an information memorandum, which must be drafted to include all information in relation to the investment opportunity to allow an investor to make an informed choice. This Practice Note, written in partnership with Pinsent Masons, lists the prospectus transparency requirements imposed by AIFMD and explores those concepts in relation to preparing an investment memorandum that is fit for purpose.

This note explains how the Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 (AEP Regs 2016), SSI 2016/146 apply to commercial property in Scotland.

This Practice Note covers what asset-backed contributions (ABCs) are, how they can be used to reduce deficits in defined benefit (DB) occupational pension schemes and the main considerations when setting up such an arrangement. In particular, this Practice Note looks at the suitability of the arrangement, the investment requirements, the necessary documentation and negotiation process, the main risks involved, the Pensions Regulator’s approach to asset-backed contributions, and other considerations specific to trustees.

This Practice Note sets out the considerations that right holders should take into account when protecting and enforcing their brands in the Metaverse. It covers the points to consider when planning the scope of trade mark or design protection, including identifying and plugging gaps in protection. It also sets out issues to consider when licensing a brand for use in the Metaverse. When it comes to enforcement, this Practice Note deals with monitoring potential infringements, identifying infringers, potential causes of action, jurisdiction issues, remedies and general enforcement challenges. It concludes with some practical tips to assist right holders when protecting and enforcing their brands.

This Practice Note looks at the territorial application for the prosecution of offences under the Bribery Act 2010 (BA 2010) in Scotland and explains how such jurisdictional issues are dealt with within the UK, particularly where cross-border issues arise. It covers the jurisdictional problems under BA 2010 created as a result of the provisions governing the prosecution of conduct committed outside of England and Wales (eg Scotland) as well as the requirements of the Memorandum of Understanding (MOU) between the Crown Office and Procurator Fiscal Service (COPFS) and the Serious Fraud Office (SFO) for the investigation of bribery offences in Scotland.

This Practice Note examines the key regulatory requirements and issues when changing the authorised corporate director (ACD) of an open-ended investment company (OEIC), including the background to OEICs and ACDs; the circumstances under which a change of ACD will occur; the practical considerations when removing an ACD and the key procedure and timings for changing the ACD of an OEIC.

This Practice Note provides an overview of commercial actions in the Court of Session. It provides guidance on what kind of cases fall within the definition of a commercial action and the potential benefits of adopting commercial procedure for appropriate cases. It explains how to start a commercial action, including pre-action considerations, the requirements of the summons and service of the summons. It also covers how to respond to the summons as a defender, how to transfer actions to or from the commercial roll, document disclosure/recovery, adjustment of pleadings and motions. The purpose and procedural requirements of the preliminary hearing and procedural hearing are described and the Practice Note explains how a substantive hearing (debate, proof or proof before answer) is fixed in a commercial action. For each type of hearing, the main procedural requirements are summarised including in relation to lodging documents and witness statements or authorities. It also summarises how to enforce the final decree (decision of the judge), how to appeal the judgment, and the position regarding expenses.

This Practice Note considers the differences between the protection given to a purchaser, tenant or lender by an official search with priority (priority search) in England and Wales and an advance notice in Scotland.

This Practice Note, produced in partnership with Russell Kelsall of TLT LLP and Caroline Castle of Pinsent Masons, looks at how the Financial Conduct Authority regulates consumer credit licences, which consumer credit activities are covered, what activities insolvency practitioners or office-holders may need a consumer credit license for, what interim permission is, which exemptions are relevant plus practical points to consider.

This Practice Note looks at the management and maintenance of common areas in residential and commercial developments in Scotland using either a deed of conditions or the development management scheme.

This Practice Note covers: the key concepts and definitions of digital planning; the digital planning provisions in the Levelling-up and Regeneration Act 2023 and the Building Safety Act 2022 and the creation of an information management regime to ensure the creation and management of a ‘golden thread’ of fire safety data; consideration of the wider implications of digitisation for planning decisions, in particular emerging concerns relating to Human Rights, the Public Sector Equality Duty, the use of algorithms to inform decision-making and how to maintain good governance standards; and recommendations on how current practice can be adjusted in readiness for the coming changes.

This Practice Note explains the rules relating to the registration of domain names within the .uk country code Top Level Domain (ccTLD) and provides guidance on the registration process and the transfer (including licensing) of domain names within the .uk ccTLD.

This Practice Note covers the transfer of domain names, specifically .com and other generic Top Level Domain names. It provides guidance on inter-register transfer and registrant transfer and gives examples of situations giving rise to a transfer, such as resolution of a UDRP domain name dispute. This Practice Note includes tips for buyers and sellers of domain names and a step-by-step guide for achieving transfer.

This Practice Note provides an introduction to employment law in the Republic of Ireland. In particular, it looks at the similarities and differences between employment law in the Republic of Ireland, Great Britain and Northern Ireland. It considers the categories of employment status, leave entitlements, the qualifying period and redress under the unfair dismissals legislation, redundancy entitlements, and protected conversations and settlement agreements. The Practice Note goes on to explain the Workplace Relations Commission procedures. It also considers the employment protection that applies in relation to transfers of undertakings. Finally, it outlines immigration requirements and restrictions.

This precedent is a domain name transfer agreement for the transfer of a .uk domain by a registrant within the .UK country code Top-Level Domain (ccTLD), currently sponsored by Nominet. This includes the .UK ccTLD and the various domains operating at the second level of the .UK ccTLD (eg .ac.uk, .co.uk, .org.uk, .me.uk, .sch.uk, .net.uk, .plc.uk, .ltd.uk).

This Precedent provides wording for email notices and email footers. It provides a trading disclosure statement, notices and disclaimers including confidentiality notices, disclaimers of views expressed, disclaimers of reliance and disclaimers of responsibility for viruses and malware, notices relating to legal privilege, data protection notices including a privacy notice, an opt out from direct marketing and a monitoring statement, a notice of exclusion of contractual effect, a statement of authentication communications, an environmental responsibility notice and a disclaimer relating to the use of emails for machine learning or other artificial intelligence (AI) purposes. The Precedent also includes drafting notes discussing the relevant law.