| 1 | 10% starting rate: backbenchers withdraw Finance Bill ... In a letter to the Chairman of the Treasury Committee, the full text of which was reported by the BBC on 23 April 2008 (see Full text letter) the Chancellor, Alistair Darling, confirmed that the 10% starting rate (clause 3 of the Finance Bill 2008) will be withdrawn when the Finance Bill is enacted (but with effect from 6 April 2008). However, he promised to explore measures to compensate the two groups most adversely affected by the withdrawal, namely, low paid workers without children and pensioners under 65. The Chancellor indicated that he would report in advance of the Pre-Budget Report but that any measures would take effect retrospectively from 6 April 2008. Following the Chancellor's announcement, the Labour backbenchers who had tabled an amendment to the Finance Bill 2008 seeking to defer the introduction of clause 3 withdrew that amendment (see Notices of Amendment). | Legal update: archive | 25-Apr-2008 |
| 2 | 2009 Budget: key tax announcements The Chancellor, Alistair Darling, delivered the 2009 Budget on 22 April 2009. This update is our summary and analysis of the key business tax announcements. | Legal update: archive | 22-Apr-2009 |
| 3 | 2009 Pre-Budget Report: issues for finance lawyers An update on the key announcements for finance lawyers arising from the Pre-Budget Report delivered by the Chancellor, Alistair Darling, on 9 December 2009. | Legal update: archive | 10-Dec-2009 |
| 4 | 2009 Pre-Budget Report: key business tax announcements Our summary of the key business tax announcements in the 2009 Pre-Budget Report. | Legal update: archive | 09-Dec-2009 |
| 5 | 2011 Budget: issues for finance lawyers Key announcements of interest to finance lawyers arising from the 2011 Budget. | Legal update: archive | 24-Mar-2011 |
| 6 | 2011 Budget: key business tax announcements Our summary of the key business tax announcements in the 23 March 2011 Budget. 70 leading tax practitioners told us what they thought of the Budget. We have published an article incorporating their views: 2011 Budget: Keep calm and carry on. | Legal update: archive | 24-Mar-2011 |
| 7 | 2012 Budget: implications for finance lawyers Key announcements of interest to finance lawyers arising from the 2012 Budget. | Legal update: archive | 22-Mar-2012 |
| 8 | A guide to Practical Law Finance's Islamic finance resources A guide to PLC Finance's Islamic finance resources | Practice note: overview | Maintained |
| 9 | AAOIFI Statement on Sukuk and its Implications A discussion of the AAOIFI's Statement on sukuk and their compliance with Sharia. | Articles | 19-Jan-2010 |
| 10 | AAOIFI to develop new governance standards for Islamic ... An update on the AAOIFI's plan to develop new governance standards for Islamic finance scholars. | Legal update: archive | 05-Aug-2010 |
| 11 | Accounting & Auditing Organisation for Islamic Financial ... | External resources | 03-Nov-2006 |
| 12 | Accounting and Auditing Organization for Islamic Financial ... | Glossary | Maintained |
| 13 | Addendum to FSA consultation on home reversion and home ... On 9 August 2006, the Financial Services Authority (FSA) published an Addendum to Consultation Paper CP 06/8: Regulation of Home Reversion and Home Purchase Plans. In this, the FSA explains that a small number of draft rules, relating to its policy proposals on arrears and repossessions in Mortgages: Conduct of Business 13, were unfortunately missing from the draft Handbook text in Appendix 1 of CP06/8 (Volume 2). The policy proposals underpinning these draft rules were set out in paragraphs 7.40 and 7.41 of CP06/8 (Volume 1). The FSA has attached the missing draft rules to the Addendum at Annex A. In view of the omission, the FSA is re-opening CP06/8, for the purpose of consulting on the draft rules relating to arrears and repossessions, for a period of three weeks (from 9 to 31 August 2006). The FSA intends to publish a policy statement in relation to CP06/8 later this year, after the necessary secondary legislation has been amended. | Legal update: archive | 11-Aug-2006 |
| 14 | Amended version of the Finance Bill 2008 published An amended version of the Finance Bill 2008 was published on 23 June 2008 (see the Finance Bill 2008, as amended in the Committee and in Public Bill Committee and ordered to be printed on 19 June 2008). This follows the publication of the first version of the Finance Bill 2008 on 27 March 2008 (see Legal update, Finance Bill 2008).We will shortly update the legislation trackers and all relevant PLC maintained resources to reflect the contents of the amended Bill. | Legal update: archive | 23-Jun-2008 |
| 15 | Arbun | Glossary | Maintained |
| 16 | Ask the team: Do you have a standard form Murabaha ... An ask the team question on Islamic finance standard form documents. | Legal update: archive | 11-Aug-2009 |
| 17 | BAFT-IFSA considering Sharia law compliant version of ... BAFT-IFSA is considering producing a Sharia law compliant version of its Master Participation Agreement for Trade Transactions. | Legal update: archive | 18-Aug-2010 |
| 18 | Bai al inah | Glossary | Maintained |
| 19 | Bai al salam | Glossary | Maintained |
| 20 | Bai bithaman ajil | Glossary | Maintained |
| 21 | Balls says domestic Sukuk will be put on same footing as ... In a speech to the Commonwealth, Middle East and North Africa Business Forum on 30 October 2006, the Economic Secretary to the Treasury, Ed Balls, said that the government is looking to place domestic Sukuk on the same footing as conventional products. | Legal update: archive | 01-Nov-2006 |
| 22 | Balls sets out tax and regulatory reforms for development of ... In a speech on 30 January 2007, the Economic Secretary to the Treasury, Ed Balls, set out reforms in the tax and regulatory system to ensure development of Sharia-compliant products. | Legal update: archive | 30-Jan-2007 |
| 23 | Beximco Pharmaceuticals Ltd and others v Shamil Bank of ... | External resources | 23-Aug-2011 |
| 24 | Budget 2007 Gordon Brown, the Chancellor of the Exchequer, delivered his eleventh and (probably) final Budget speech on 21 March 2007. | Legal update: archive | 21-Mar-2007 |
| 25 | Budget 2007: Finance issues On 21 March 2007, the Chancellor, Gordon Brown, delivered his eleventh Budget speech. Included in the 2007 Budget were the following announcements: Interest on related party debt. The circumstances in which UK residents can enter into "thin capitalisation" agreements will be extended. See Legal update, Corporation tax: ECJ ruling in thin capitalisation case for more on "thin capitalisation". Islamic finance. New tax rules are to be included in the Finance Bill 2007 to enable alternatives to conventional securities, such as sukuk, to be issued, held and traded within the UK on the same basis as conventional securities. HMRC also published guidance on how it will view alternative finance products, including the treatment of diminishing shared ownership arrangements, such as diminishing musharaka, for capital gains and capital allowances purposes. Repos. HMRC has already published its proposals for a new corporate tax regime for sale and repurchase agreements (repos), which aims to tax repos in accordance with their accounting treatment as collateralised loans (see Legal update, Proposed new repo legislation for companies). Legislation effecting the new regime will be included in the Finance Bill 2007, but it will not come into force until the current consultations are completed. Securitisation. Legislation will be included in the Finance Bill 2007 allowing: 1) The temporary regime of taxation in section 83 of the Finance Act 2005 to be extended by regulation. 2) The | Legal update: archive | 21-Mar-2007 |
| 26 | Budget 2008: Finance issues On 12 March 2008, the Chancellor, Alistair Darling, delivered his first Budget speech. This update covers the key announcements affecting the finance industry. | Legal update: archive | 13-Mar-2008 |
| 27 | Budget 2009: issues for finance lawyers An update on the key announcements of interest to finance lawyers arising from the 2009 Budget. | Legal update: archive | 23-Apr-2009 |
| 28 | Chancellor announces measures to counteract axing of 10% ... In the 2007 Budget, Gordon Brown, then Chancellor, announced that the 10% starting rate of income tax would be abolished for earnings and pensions income with effect from 6 April 2008 (see Legal update, Budget 2007: Income tax allowances, rates and bands). However, this proved very unpopular as the effect would be to make the poorest members of society worse off. There were calls for the government to take action to counteract this effect (see Legal update, 10% starting rate: backbenchers withdraw Finance Bill amendment after Chancellor promises help).In response to this, on 13 May 2008, the current Chancellor, Alistair Darling, announced the following amendments to the income tax regime:1. Increasing the personal allowance for 2008/09 by £600, to £6,035, with effect from September 2008 but backdated to 6 April 2008.2. Reducing the higher-rate income tax threshold by £600 (presumably, also backdated to 6 April 2008). HMRC explained on its website that the higher-rate threshold is the total of the personal allowance and the basic rate limit, meaning that the basic rate limit (the level of taxable earnings, after the personal allowance is applied, from which higher-rate tax applies) would be decreased by £1,200 in total, to £34,800. The idea is to ensure that higher-rate taxpayers, who would be largely unaffected by the abolition of the starting rate, do not benefit from increased personal allowances.Draft legislation effecting these changes is to be included in | Legal update: archive | 14-May-2008 |
| 29 | Construction projects: Islamic finance steps in The global economic downturn means that a lot of construction projects face an uncertain future. The use of Islamic finance in the UK real estate market, however, has allowed new sources of capital from the Middle East to enter the development finance market and fund large projects. The redevelopment of Kings Reach Tower on London’s South Bank is a case in point. | Articles | 24-Oct-2012 |
| 30 | Consultation on secondary legislation for the regulation of ... HM Treasury is consulting on secondary legislation that will bring Home Reversion and Ijara home financing arrangements within the regulatory regime operated by the Financial Services Authority. The main focus of the consultation paper is on the definitions of the various products to be brought within the regulatory regime and to be excluded from it. Note added August 2006: An Addendum to the FSA consultation on home reversion and home purchase plans has been published. A small number of draft rules were unfortunately missing from the draft Handbook text in Appendix 1 of CP06/8 (Volume 2). In view of the omission, the FSA is re-opening CP06/8, for the purpose of consulting on the draft rules relating to arrears and repossessions, for a period of three weeks (from 9 to 31 August 2006).The FSA intends to publish a policy statement in relation to CP06/8 later this year, afetr the necessary secondary legislation has been amended. | Legal update: archive | 03-Apr-2006 |
| 31 | Consultation on sukuk published On 14 November 2007, HM Treasury published a consultation seeking views on the Government becoming an issuer of sukuk.Development of Islamic finance is part of the Government's policy to promote the competitiveness of London as a financial centre. Since 2003 it has been working to level the playing field for retail and wholesale Islamic finance products to compete with more traditional products. | Legal update: archive | 15-Nov-2007 |
| 32 | Consultation on sukuk: Government's response On 2 June 2008, the Government published its response to the consultation paper entitled "Government sterling sukuk issuance: a consultation" (see Legal update, Consultation on sukuk published). A number of issues raised during the consultation process need to be resolved before the Government can issue sukuk. Some of these could have wider impact. In particular: 1) Measures are already being taken in the Finance Bill 2008 to facilitate sukuk issuance, including classifying sukuk as loan capital for stamp duty purposes (see Legal update, Budget 2008: Finance issues). 2) The structures used for Islamic financial products have posed challenges with respect to their regulatory treatment (for example, sukuk often fall within the definition of a collective investment scheme but conventional equivalents do not). HM Treasury and the FSA are developing proposals to ensure that a Government sukuk issuance (and any other issued using similar documentation) is regulated in the same way as a conventional equivalent. 3) The FSA is considering how to treat sukuk for risk-weighting capital adequacy purposes. 4) The Government is to work with Euroclear to ensure an appropriate settlement system within CREST. 5) The Government is considering legislation to deal with the different treatment of sukuk as compared to conventional products under the SDLT regime. A consultation paper on this issue will be published on 26 June 2008. An update on this on-going work will be provided by the | Legal update: archive | 03-Jun-2008 |
| 33 | Convertible Sukuks: taking the lid off Halal finance On 26 January 2006, the world's largest Sukuk listed on the Dubai International Financial Exchange. | Legal update: archive | 23-Feb-2006 |
| 34 | Convertible Sukuks: taking the lid off Halal finance On 26 January, the world's largest Sukuk listed on the Dubai International Financial Exchange. This article explains the key features of that issue. | Articles | 23-Feb-2006 |
| 35 | Deal structure: Islamic finance - Bai salam A diagram showing a typical bai salam structure. For more on bai salam and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 36 | Deal structure: Islamic finance - Ijara A diagram showing a typical ijara structure. For more on ijara and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 37 | Deal structure: Islamic finance - Istisna'a A diagram showing a typical istisna'a structure. For more on istisna'a and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 38 | Deal structure: Islamic finance - Mudaraba A diagram showing a typical mudaraba structure. For more on mudaraba and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 39 | Deal structure: Islamic finance - Murabaha A diagram showing a typical murabaha structure. For more on murabaha and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 40 | Deal structure: Islamic finance - Musharaka A diagram showing a typical musharaka structure. For more on musharaka and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 41 | Deal structure: Islamic finance - Reverse murabaha (tawarruq) A diagram showing a typical reverse murabaha (tawarruq) structure. For more on reverse murabaha and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 42 | Deal structure: Islamic finance - Sukuk al ijara A diagram showing a typical sukuk al ijara structure. For more on sukuk al ijara and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 43 | Deal structure: Islamic finance - Sukuk al mudaraba A diagram of the structure of a typical sukuk al-mudaraba transaction. | Checklists | Maintained |
| 44 | Deal structure: Islamic finance - Sukuk al murabaha A diagram of the structure of a typical sukuk al-murabaha transaction. | Checklists | Maintained |
| 45 | Deal structure: Islamic finance - Sukuk al musharaka A diagram showing a typical sukuk al musharaka structure. For more on sukuk al musharaka and an overview of Islamic finance, see Practice note, Islamic finance: UK law overview. | Checklists | Maintained |
| 46 | Deal structure: Islamic finance - Sukuk al salam A diagram showing a structure of a typical sukuk al-salam transaction. | Checklists | Maintained |
| 47 | Deal structure: Islamic finance - Sukuk al wakala A diagram showing the structure of a typical sukuk al wakala transaction. | Checklists | Maintained |
| 48 | Debt cap available amount extended The Tax Treatment of Financing Costs and Income (Available Amount) Regulations 2010 (SI 2010/2929) were made on 8 December 2010. | Legal update: archive | 13-Dec-2010 |
| 49 | Details of a Sharia-compliant "total return swap" published On 2 February 2007, Deutsche Bank (DB) published a paper describing an investment structure for the issue of Sharia-compliant securities. DB says that the structure has the same economic effect as a total return swap. The paper was published "in the interests of transparency" and as an attempt to help alleviate some of the constraints on the supply of products in the Islamic financial markets. These constraints include not only a lack of expert bankers and other advisers but also a lack of Islamic scholars who can determine whether or not a product is shariah-compliant. Although the paper only outlines the structure (parties, documentation and the economic effects) it does analyse in some detail the Sharia aspects. The paper will therefore be of interest to those wishing to gain an insight into structuring Sharia-compliant products.For more on Islamic finance, see Practice note, Introduction to Islamic finance. | Legal update: archive | 02-Feb-2007 |
| 50 | Documentation for sharia-compliant derivatives to be ... On 12 September 2006, the International Swaps and Derivatives Association (ISDA) and the International Islamic Financial Market (IIFM) signed a memorandum of understanding for developing a master agreement for documenting privately negotiated sharia-compliant derivatives transactions. For more information on sharia-compliant transactions, see Practice note, Introduction to Islamic finance. ISDA and IIFM aim for the master agreement to be accepted by sharia advisors and to become a standard document for sharia-compliant derivatives. For more information, see ISDA press release. | Legal update: archive | 12-Sep-2006 |
| 51 | Draft capital adequacy standard for sukuk securitisations and ... On 14 December 2007, the Islamic Financial Services Board (IFSB) published an exposure draft on the capital adequacy requirements for sukuk securitisations and real estate investment (ED). The ED sets out a proposed standard for institutions offering only Islamic financial services that supplements the IFSB's December 2005 Capital Adequacy Standard. The proposed standard adapts the practices adopted by various institutions to comply with prudential regulation and capital adequacy requirements of various countries. Comments are invited by 10 May 2008.For more on sukuk, see Practice note, Islamic finance: overview. For more on capital adequacy, see Practice note, UK implementation of the Capital Requirements Directive. | Legal update: archive | 14-Dec-2007 |
| 52 | Draft legislation counteracting avoidance involving interest ... An update about the announcement by the government on 19 March 2009, and the draft legislation subsequently published by HMRC, restricting tax relief for interest payments on loans designed to produce a guaranteed post-tax profit. | Legal update: archive | 24-Mar-2009 |
| 53 | Draft regulations amending debt cap restrictions Draft regulations, relating to the way in which certain items generally treated as loans for UK tax purposes are dealt with for the purposes of the "debt cap", are the subject of a consultation ending 22 October 2010. | Legal update: archive | 09-Sep-2010 |
| 54 | Ed Balls speech on Islamic finance | External resources | 30-Jan-2007 |
| 55 | Explanatory notes for the Finance Act 2009 | External resources | 06-Aug-2009 |
| 56 | Extended HMRC guidance on recognised stock exchanges An update on the extensions made on 20 October 2008 to HMRC's guidance on recognised stock exchanges. | Legal update: archive | 22-Oct-2008 |
| 57 | Fatwa | Glossary | Maintained |
| 58 | Final text of Finance (No.2) Bill due to be published on 10 July ... On 5 July 2006, the Finance No.2 Bill completed its passage through the House of Commons where, in parts, it was heavily debated and amended. The final text of the bill is due to be published on 10 July 2006. The text will be available from the Office of Public Sector Information. The bill is expected to receive Royal Assent either during the week commencing 17 July 2006 or the week commencing 24 July 2006. PLC Finance will publish an update on the bill when it receives Royal Assent covering those areas of interest to finance lawyers such as alternative finance arrangements (Islamic or Shari'a compliant finance), asset finance, securitisation and anti avoidance. For a detailed discussion of the measures announced in the Budget earlier this year, see Legal update, Budget 2006: detailed analysis. See also Legal update, Revenue close repo tax loophole and Legal update, Revenue attacks financial arrangement schemes for information on issues that have been introduced subsequent to the Budget. | Legal update: archive | 06-Jul-2006 |
| 59 | Finance Act 2006: Royal Assent given The Finance Act 2006 was given Royal Assent on 19 July 2006. | Legal update: archive | 20-Jul-2006 |
| 60 | Finance Act 2007: Royal Assent The Finance Act 2007 was given Royal Assent on 19 July 2007. The Act includes provisions relating to repos, Islamic finance and withholding tax. | Legal update: archive | 20-Jul-2007 |
| 61 | Finance Act 2008 | External resources | 22-Jul-2008 |
| 62 | Finance Act 2008: impact on finance transactions The Finance Act 2008 received Royal Assent on 21 July 2008 (see PLC Tax, Legal update, Finance Act 2008 receives Royal Assent). The Act introduced certain measures which will have an impact on finance transactions. | Legal update: archive | 31-Jul-2008 |
| 63 | Finance Act 2009 The pdf format of this document is available at: http://www.opsi.gov.uk/acts/acts2009/pdf/ukpga_20090010_en.pdf The html version of the document is also available at: | External resources | 22-Jul-2009 |
| 64 | Finance Act 2009: issues for finance lawyers An update on provisions of the Finance Act 2009 (the 2009 Act) of interest to finance lawyers. The 2009 Act received Royal Assent on 21 July 2009. | Legal update: archive | 30-Jul-2009 |
| 65 | Finance Bill 2008 Following the 2008 Budget (see Legal update, Budget 2008), the Finance Bill 2008 was published on 27 March 2008 (see Finance Bill 2008: first draft, ordered to be printed on 18 March 2008). Explanatory notes have also been published.We will shortly update the legislation trackers and all relevant PLC maintained resources to reflect the contents of the Bill. We will also publish further updates: On any provisions of the Bill which are of particular interest to PLC Tax subscribers and on which we have not previously reported. On draft legislation on which we have previously reported, where there are substantive changes or additions to that legislation. | Legal update: archive | 27-Mar-2008 |
| 66 | Finance Bill 2008 Committee of the Whole House stage ... The Finance Bill 2008 is scheduled to proceed to Committee of the Whole House stage, for debate in the House of Commons, on the 28 and 29 April 2008.We will publish a further update, when details of the measures to be debated in the Committee of the Whole House are published.For details of the Finance Bill 2008 (first draft) as published on 27 March 2008, see Legal update, Finance Bill 2008.Source:Progress of Finance Bill 2008. | Legal update: archive | 09-Apr-2008 |
| 67 | Finance Bill 2008: Committee of the Whole House ... On 29 April 2008, the following clauses of the Finance Bill 2008 (as to which, see Legal update, Finance Bill 2008) were agreed, unamended, by the Committee of the Whole House of Commons:1. Clause 15 (Rates of vehicle excise duty).2. Clause 49 (Greater London Authority: severance payments).3. Clause 90 (SDLT and zero-carbon homes).4. Clause 117 (Penalties for errors).In addition, a proposed new SDLT clause relating to enfranchisement of leaseholders, proposed by the Conservatives, was negatived.Source: Committee of the Whole House Proceedings as at 29 April 2008; House of Commons Committee Stage debate: 29 April 2008. | Legal update: archive | 30-Apr-2008 |
| 68 | Finance Bill 2008: Committee of the Whole House ... On 28 April 2008, the following clauses of the Finance Bill 2008 (as to which, see Legal update, Finance Bill 2008) were agreed, unamended, by the Committee of the Whole House of Commons:1. Clause 3 (Abolition of starting and savings rates, and creation of starting rate for savings).2. Clause 5 (Small companies' rates and fractions for financial year 2008).3. Clause 6 (Rate of capital gains tax).4. Clause 21 (Amusement machine licence duty).Source: Committee of the Whole House Proceedings as at 28 April 2008; House of Commons Committee Stage debate: 28 April 2008. | Legal update: archive | 30-Apr-2008 |
| 69 | Finance Bill 2008: Committee stage to start on 6 May 2008 On 1 May 2008, it was announced that the Finance Bill 2008 will enter the Committee stage on 6 May 2008. From that date, the Committee will sit on Tuesdays (at 10.30 am and 4.30 pm) and Thursdays (at 9.00 am and 1.00 pm) when the House of Commons is sitting.The Notice of Amendments in which this was announced also details the order in which clauses and Schedules of the Finance Bill 2008 will be discussed by the Committee.Source: Finance Bill 2008, Notices of Amendments given on Wednesday 30th April 2008; Finance Bill 2008: progress summary. | Legal update: archive | 02-May-2008 |
| 70 | Finance Bill 2008: earliest date for Royal Assent will be 18 ... Royal Assent to the Finance Bill 2008 will be granted between 18 July 2008 and 5 August 2008. This is because:1. Royal Assent can be given any time after the House of Lords debate on the Finance Bill 2008 (scheduled for 18 July 2008).2. The Budget 2008 resolutions will expire on 5 August 2008 unless the Finance Bill 2008 receives Royal Assent by then (under section 1 of the Provisional Collection of Taxes Act 1968).Source: Progress of the Finance Bill: date of House of Lords debate. | Legal update: archive | 27-Jun-2008 |
| 71 | Finance Bill 2008: government tables amendments covering ... On 6 and 10 June, the government tabled a large number of amendments to the Finance Bill 2008, which is currently being debated in Public Bill Committee. The amendments relate to:1. Stamp duty and alternative finance arrangements.2. Research and development tax relief and vaccine research relief.3. Non-domiciliaries, covering both employee tax and personal tax aspects.As these are government amendments, they are very likely to be agreed in Public Bill Committee. For background information about the Finance Bill 2008, including links to the Bill itself, explanatory notes, debates and commentary, see Practice note, Pre-budget, Budget and Finance Bill: Finance Bill 2008. | Legal update: archive | 12-Jun-2008 |
| 72 | Finance Bill 2008: Public Bill Committee Proceedings (17 ... On 17 June 2008, the following clauses of, and Schedule to, the Finance Bill 2008 were agreed, unamended unless otherwise stated, by the Public Bill Committee of the House of Commons:1. Clause 147 (Air passenger duty).2. Clause 148 (Stamp duty and stamp duty reserve tax: alternative finance investment bonds). Minor government amendments agreed (see Legal update, Finance Bill 2008: government tables amendments covering alternative finance arrangements, R&D tax relief and non-domiciliaries).3. Clauses 149 to 151 and Schedule 46 (Alternative property finance: anti-avoidance, power to vary, government borrowing). The minister announced that a consultation document relating to possible double charges to stamp duty land tax in public issues of sharia-compliant debt will be published on 26 June.4. Clause 152 (Power of Treasury to make payments).5. Clause 153 (Payments from certain Exchequer accounts: mechanism).6. Clause 154 (Power to give statutory effect to concessions).7. Clause 155 (Fuel duty: definition of "ultra low sulphur diesel").8. Clause 156 (Duties: abolition of disregard of fractions of penny).9. Clauses 157 (National savings).10. Clause 158 (EU emissions trading: criminal offences).The debate on clause 22 (periods of residence) was adjourned before the clause was agreed. The minister stated that the government is looking at whether a statutory test of individual residence could be developed.Source: 21st sitting Commons Committee stage debate (17 June, mornin | Legal update: archive | 20-Jun-2008 |
| 73 | Finance Bill 2008: Public Bill Committee Proceedings (6 May ... On 6 May 2008, the following clauses of, and Schedule to, the Finance Bill 2008 (as to which, see Legal update, Finance Bill 2008) were agreed, unamended, by the Public Bill Committee of the House of Commons:1. Clause 1 (Charge and main income tax rates for 2008-09).2. Clause 2 (Income tax personal allowances for those aged 65 and over).3. Clause 4 (Corporation tax charge and main rates for financial year 2009).4. Schedule 1 (Abolition of starting and savings rates and creation of starting rate for savings).The government stated that in relation to residence and domicile, it will be tabling amendments to clauses 22, 23 of, and the related schedules to, the Finance Bill 2008, as well as new clauses (and that it is possible the government will publish the amendments in draft beforehand).Sources: Public Bill Committee Proceedings as at 6 May 2008; Public Bill Committee Stage: morning sitting (6 May 2008); and Public Bill Committee Stage: afternoon sitting (6 May 2008). | Legal update: archive | 08-May-2008 |
| 74 | Finance Bill 2008: Second reading The Finance Bill 2008 received its second reading in the House of Commons on 21 April 2008. For the Hansard transcript of the debate, see Second reading. As expected, much of the debate focused on the withdrawal of the 10% starting rate (clause 3 of the Finance Bill 2008). John McFall (Chairman of the Treasury Committee) offered to ask the Treasury Committee to explore measures with the government that would compensate for the withdrawal of the 10% starting rate with a view to reporting in June or July. While the Chief Secretary to the Treasury welcomed the offer, she indicated that it would be with a view to reporting back in advance of the Pre-Budget Report. Labour backbenchers have tabled an amendment seeking to defer the introduction of clause 3. The opposition are expected to table further amendments on Monday. A new early day motion was also lodged by the opposition. Clauses 3, 5, 6, 15, 21, 49, 90 and 117 and new Clauses amending section 74 of the Finance Act 2003 were committed to a Committee of the whole House (to be debated on 28 and 29 April 2008) with the remainder of the Bill committed to a Public Bill Committee (dates to be announced).For links to the debates and amendments tabled, see Finance Bill 2007-2008. | Legal update: archive | 22-Apr-2008 |
| 75 | Finance Bill to be published on 27 March We have learned from HM Treasury that, following the 2008 Budget (delivered on 12 March), the first version of the Finance Bill 2008 is expected to be published on Thursday 27 March 2008. This has been confirmed in a Statement by the Financial Secretary to the Treasury.We will publish a further update, including a link to the Bill, when it is published. | Legal update: archive | 20-Mar-2008 |
| 76 | Finance law: training materials for new joiners Do you have a trainee or newly qualified lawyer joining your finance team? Are you a trainee or newly qualified lawyer wondering what finance transactions are all about? Have you moved in house and find yourself having to get to grips with finance law? If so, have a look at the following materials to get an overview of the law and practice of finance transactions. Remember to arrange for any new recruits to get access to PLC Finance and ensure they are signed up to receive our weekly and/or monthly e-mails. To do this, please e-mail info@practicallaw.com or contact your account manager on 020 7202 1220. If you do not subscribe to PLC Finance, see Request a free trial or call 020 7202 1220 to register your interest in a free trial. | Practice notes | Maintained |
| 77 | Finance multi-jurisdictional guide: cross-border articles An update on the cross-border content within the PLC Cross-border Finance multi-jurisdictional guide, which answers key questions on finance law from the perspective of practitioners in 29 jurisdictions. | Legal update: archive | 17-Mar-2011 |
| 78 | Financial Services and Markets Act 2000 (Regulated Activities ... Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006,as originally made. | Legislation | 01-Nov-2006 |
| 79 | Financial Services and Markets Act 2000 (Regulated Activities ... The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2011 (SI 2011/133) has been published. The Order amends drafting errors concerning the tax and regulatory treatment of alternative finance investment bonds made in the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (SI 2010/86). | Legal update: archive | 26-Jan-2011 |
| 80 | First British company issues sukuk International Innovative Technologies has become the first British company to raise money by issuing sukuk. | Legal update: archive | 18-Aug-2010 |
| 81 | First Islamic Interbank Benchmark Rate Launched On November 22, 2011, the first Islamic interbank rate was launched to delink Islamic instruments from conventional interest-based indices such as LIBOR. | Legal update: archive | 29-Nov-2011 |
| 82 | First sovereign sukuk listed on the London Stock Exchange A US$350 million sukuk issued by Bahrain has become the first sovereign Islamic bond to be listed in London. A London listing was chosen, partly, to attract more investors, particularly those in Europe.Development of Islamic finance is part of the Government's policy to promote the competitiveness of London as a financial centre. Since 2003 it has been working to level the playing field for retail and wholesale Islamic finance products to compete with more traditional products and is itself considering becoming an issuer of sukuk. This would be the first western sovereign Islamic bond (see Legal update, Consultation on sukuk published).For more information on sukuk and other Islamic finance products, see Practice note, Islamic finance: overview.Source: Financial Times, 19 March 2008. | Legal update: archive | 20-Mar-2008 |
| 83 | First standardised master agreement in Islamic finance ... The first standardised master agreement in Islamic finance has been launched by the International Islamic Financial Market (IIFM). | Legal update: archive | 10-Oct-2008 |
| 84 | First Sukuk lists on London Stock Exchange On 20 July 2006, the London Stock Exchange listed its first Sukuk. The $200 million issue of trust certificates by a special purpose vehicle (the SPV) for National Central Cooling Company (Tabreed) PJSC (Tabreed), is also the first Sukuk issue by a company to be rated and the first to list on a EU regulated market following the introduction of the EU Prospectus Directive 2003/71/EC. "The issue is a landmark transaction that highlights the continued growth in the financial activity in the Middle East and the new popularity of London listings among Middle East issuers who had previously preferred Luxembourg," says Luma Saqqaf, head of the Islamic finance group at Linklaters, who advised Tabreed. Anzal Mohammed, a senior associate at Allen & Overy, who advised the joint bookrunners and joint lead managers, agrees: "London should now become the focus for Sukuk issues on the regulated markets in Europe". | Legal update: archive | 27-Jul-2006 |
| 85 | First western industrial company issues sukuk An update on the first western industrial company to issue sukuk. | Legal update: archive | 19-Nov-2009 |
| 86 | Fitch publishes report on sukuk and Islamic banking ratings On 5 March 2007, Fitch Ratings published three Islamic finance reports: 1) Islamic banking - factors in risk assessment. This report gives an introduction to Islamic banking and describes briefly the different Islamic financial products. It concludes that the rating of a dedicated Islamic bank should be assessed in the same way as a conventional bank, examining its financing and lending policy, regulatory environment, corporate governance practices etc. 2) Demystifying corporate sukuk. This report outlines a typical sukuk structure. It explains that since sukuk documentation is subject to similar jurisdiction and enforcement provisions as conventional bonds, most of the risks in sukuk transactions are not different from those seen in conventional bond structures. 3) Fitch Ratings' approach to rating sukuk. This report outlines Fitch's approach to rating sukuk. Currently, depending on the structure of the bond, Fitch's rating of the bond may be linked to the rating of the originator of the transaction or to the underlying assets provided it satisfies Fitch's requirements for a true securitisation. For more information on sukuk and other Islamic finance structures, see Practice note, Introduction to Islamic finance. For information on credit ratings, see Practice note, Credit ratings. | Legal update: archive | 05-Mar-2007 |
| 87 | Fitch report: Demystifying corporate sukuk | External resources | 07-Mar-2007 |
| 88 | Fitch report: Fitch Ratings' approach to rating sukuk | External resources | 07-Mar-2007 |
| 89 | Fitch Report: Islamic Banking Factors in Risk Assessment | External resources | 07-Mar-2007 |
| 90 | FSA and HM Treasury consult on regulatory treatment of ... An update on the FSA and HM Treasury's joint consultation paper on the legislative framework for the regulation of alternative finance investment bonds (sukuk) published on 10 December 2008. | Legal update: archive | 11-Dec-2008 |
| 91 | FSA and HM Treasury publish feedback on consultation on ... On 14 October 2009, the FSA and HM Treasury published the feedback on the joint consultation paper on the legislative framework for the regulation of alternative finance investment bonds (sukuk). | Legal update: archive | 14-Oct-2009 |
| 92 | FSA publishes consultation on sukuk An update on the FSA's consultation on proposed amendments to the regulation of sukuk. | Legal update: archive | 08-Oct-2009 |
| 93 | FSA publishes final rules for home reversions and Islamic ... On 30 October 2006, the Financial Services Authority (FSA) published its final rules on home reversions and Islamic law compliant home purchase plans. The new rules are designed to ensure that people who take out these products have similar protection to that already in place under the FSA rules for equivalent products. The new regimes will come into force on 6 April 2007. Firms wishing to undertake these activities on or after this date will need to apply to the FSA to be either authorised or exempt. The FSA will begin to accept applications from 6 November 2006. For a copy of the changes made to the Mortgages: Conduct of Business sourcebook, and the consequential changes to the FSA Handbook, see FSA Policy Statement PS 06/12. | Legal update: archive | 31-Oct-2006 |
| 94 | FSA publishes firm authorisation process for home reversions ... Following publication earlier in September 2006 of secondary legislation to bring home reversions and Ijara home financing products within the regulatory regime operated by the FSA, on 22 September 2006 the FSA published details of the authorisation process for firms to apply to be regulated for these products. The authorisation process is subject to the FSA publishing its rules on these products, which cannot take place until Parliament approves the secondary legislation. The FSA hopes to publish its rules in early November 2006 and will begin to accept applications from 6 November 2006. The new regime will start on 6 April 2007. For more information, see FSA press release and Legal update, Secondary legislation for home reversions and Ijara home financing arrangements published. | Legal update: archive | 22-Sep-2006 |
| 95 | FSA welcomes development of Islamic finance On 28 November 2007, the Financial Services Authority published a paper "Islamic Finance in the UK: Regulation and Challenges". Issues discussed in the paper include: 1) Why the UK is emerging as a global 'hub' for Islamic finance. 2) The role which the FSA has played. 3) The risk and challenges Islamic firms in the UK face in the retail and wholesale markets. 4) The outlook for future growth of Islamic finance in the UK. For an overview of Islamic finance, see Practice note, Islamic finance: overview. For more information on Sharia compliant transactions, see Article, Islamic finance: unveiling the mysteries. | Legal update: archive | 28-Nov-2007 |
| 96 | Gharar | Glossary | Maintained |
| 97 | Guidance on execution of documents at a virtual signing or ... An update on guidance from a joint working party of The Law Society Company Law Committee and The City of London Law Society Company Law and Financial Law Committees on the execution of documents at a virtual signing or closing following the High Court decision in Mercury. In February 2010, the joint working party (JWP) of The Law Society Company Law Committee and The City of London Law Society Company Law and Financial Law Committees updated its original guidance note, published in May 2009, on execution of documents at a virtual signing or closing, (with only minor changes). This legal update reflects those changes. | Legal update: case report | 11-May-2009 |
| 98 | Gulf Bond and Sukuk Association standards for debt issuers The Gulf Bond and Sukuk Association (GBSA) has published a set of best practice standards for bond and sukuk issuers in the Middle East region. | Legal update: archive | 22-Nov-2011 |
| 99 | Haram | Glossary | Maintained |
| 100 | HM Revenue & Customs (HMRC) | Glossary | Maintained |
| 101 | HM Treasury publishes paper on development of Islamic ... An update on the publication by HM Treasury on 10 December 2008 of a paper entitled "The development of Islamic finance in the UK: the Government's perspective". | Legal update: archive | 11-Dec-2008 |
| 102 | HM Treasury secondary legislation webpage | External resources | 13-Sep-2006 |
| 103 | HMRC consults on SDLT relief for commercial sukuk On 26 June 2008, the government launched a consultation on the introduction of a new relief from stamp duty land tax for the creation, issue and purchase of commercial sukuk (sharia-compliant financial certificates, equivalent to bonds) that are backed by interests in UK land or property. Comments are requested by 18 August 2008. | Legal update: archive | 01-Jul-2008 |
| 104 | HMRC issue guidance on the VAT treatment of certain Islamic ... On 11 December 2006, HM Revenue and Customs (HMRC) published Information Sheet 11/06, which sets out guidance on the VAT treatment of certain Islamic products currently being offered to the general public, businesses and other financial institutions by various banks in the UK. The Information Sheet should be read by providers of Islamic products and by those introducing customers to those providers. The VAT treatment outlined should be applied immediately. The Information Sheet is intended to supplement existing HMRC guidance. | Legal update: archive | 11-Dec-2006 |
| 105 | HMRC publishes response to consultation on stamp duty land ... An update on the publication by HM Revenue & Customs of a response to the consultation on stamp duty land tax: commercial sukuk. | Legal update: archive | 18-Feb-2009 |
| 106 | HMRC VAT Finance Manual | External resources | 25-Jan-2008 |
| 107 | HMRC: Stamp duty land tax: Commercial sukuk consultation HMRC: Stamp duty land tax: Commercial sukuk consultation. | Policy guidance and consultations | 30-May-2008 |
| 108 | HMT confirms it will consult publicly with FSA on sukuk ... On 9 July 2008, HM Treasury (HMT) a speech by Kitty Ussher, Economic Secretary to the Treasury, given at the World Islamic Banking Conference in London on 8 July 2008. In her speech, Ms Ussher said the Government had been working hard to encourage the development of an Islamic finance sector in the UK. She referred to HMT's June 2008 feedback statement (Feedback Statement) which set out the Government's response to HMT's November 2007 consultation on the potential for the Government to become an issuer of sukuk, the Islamic alternative to conventional debt capital market instruments, in the wholesale sterling market. For further information on the Feedback Statement, see Legal update, HM Treasury issues feedback on responses to its consultation on the Government becoming an issuer of Islamic financial instruments.Ms Ussher said that the Government is seeking to address the remaining barriers to a sovereign sukuk issuance. If all outstanding issues can be resolved, the intention is to issue a rolling programme of up to approximately £2 billion of Government sukuk. She said the Government hoped to make a decision on this later in 2008.HMT has accepted that the variety of contractual structures of different types of sukuk presents a challenge to regulators. The Feedback Statement noted that HMT and FSA are agreed, in principle, that Government sukuk (and any other sukuk issued using equivalent documentation) should be regulated in the same way as a conventional equiv | Legal update: archive | 09-Jul-2008 |
| 109 | Ibaha | Glossary | Maintained |
| 110 | ICMA and IIFM sign memorandum of understanding to ... On 30 January 2007, the International Capital Market Association (ICMA) and the International Islamic Finance Market (IIFM) signed a memorandum of understanding to work jointly on developing the international Islamic financial markets. The two institutions aim to focus on standardising the Sukuk market. They will establish a joint working group to develop standardised contracts, standardised practices for secondary market transactions and standardised practices for trading Sukuk and other Islamic financial instruments. For more information, see the press release. For further information on Sukuks, see Legal updates, Sukuks: the growth of Islamic finance, and First Sukuk lists on London Stock Exchange. For background information on Islamic finance, see Practice note, Introduction to Islamic finance. | Legal update: archive | 30-Jan-2007 |
| 111 | IFSB facilitates establishment of International Islamic Liquidity ... The Islamic Financial Services Board has published a press release announcing the establishment of the International Islamic Liquidity Management Corporation. | Legal update: archive | 25-Oct-2010 |
| 112 | IFSB publishes disclosure standard for institutions offering ... The Islamic Financial Services Board has published a standard entitled "Disclosures to promote transparency and market discipline for institutions offering Islamic financial services (excluding Islamic insurance (Takaful) institutions and Islamic mutual funds)" (the Standard).The Standard is intended to be applied to institutions offering Islamic financial services (IIFS), including Islamic window operations of conventional banks. It supplements the transparency and bank governance requirements issued by the Basel Committee on Banking Supervision and the disclosure standards (Pillar 3) contained in the Basel Capital Accord. The Standard does this by recommending disclosures to be made by IIFS bearing in mind their specific features and those of the products offered by them. These features tend not to be well-captured in the existing standards on transparency and disclosure since these are geared more to conventional banks.For further information on Islamic finance, see Practice note, Islamic finance: overview and for further information on Basel II, see Practice note, Basel II: an overview. | Legal update: archive | 22-Jan-2008 |
| 113 | IFSB publishes guiding principles on conduct of business and ... The Islamic Financial Services Board has published guiding principles, dated December 2009, on conduct of business and Sharia governance systems for institutions offering Islamic financial services. | Legal update: archive | 22-Dec-2009 |
| 114 | IFSB publishes standards on corporate governance and ... An update on the IFSB's publication of two new standards. | Legal update: archive | 25-Feb-2009 |
| 115 | IIFM and ISDA launch tahawwut (hedging) master agreement An update on the launch by ISDA and IIFM on 1 March 2010 of a tahawwut (hedging) master agreement. | Legal update: archive | 03-Mar-2010 |
| 116 | IIFM and ISDA publish explanatory memorandum relating to ... An update on the publication by ISDA and IIFM on 9 March 2010 of an explanatory memorandum relating to the tahawwut (hedging) master agreement. | Legal update: archive | 09-Mar-2010 |
| 117 | IIFM publishes commodity murabaha master agreement ... An update on the IIFM's publication of its commodity murabaha master agreement documents. | Legal update: archive | 08-Jan-2009 |
| 118 | IIFM repo alternative (i'aadat al shira'a) structures An update on the International Islamic Financial Market's publication of its reference paper on i’aadat al shira’a (repo alternative) concepts and structuring possibilities. | Legal update: archive | 29-Jul-2010 |
| 119 | Ijara | Glossary | Maintained |
| 120 | Ijara wa-iktina (finance lease) | Glossary | Maintained |
| 121 | International investment in microfinance: overview An overview of international investment in microfinance, including a discussion of what is microfinance, the types of international investment in microfinance, recent trends in the microfinance industry, rating agencies and methodology, foreign exchange issues, regulatory issues, Islamic finance and legal opinions in microfinance transactions. | Practice note: overview | Maintained |
| 122 | International Islamic Financial Market (IIFM) | External resources | 03-Nov-2006 |
| 123 | International Islamic Financial Market (IIFM) | Glossary | Maintained |
| 124 | IOSCO report on the compatibility of its principles of securities ... On 30 September 2008, the International Organization of Securities Commissions (IOSCO) published a report assessing the compatibility of its core principles of securities regulation (the Principles) with the products and practices of the Islamic securities market (the Report). The Report aims to further the understanding of regulatory issues in Islamic finance and builds on a 2004 report of the IOSCO Islamic capital market task force. IOSCO conclude the Principles are compatible with the Islamic securities market, although their implementation may benefit from further consideration in some areas. It therefore believes there is no need to formulate separate regulatory principles for Islamic capital markets. The Report also makes various recommendations. These include there should be more exchange of information and co-operation between regulators, to increase their awareness of the products and practices of Islamic finance. For information on the Principles, see Legal update, IOSCO publishes updated paper on the principles of securities regulation. For information on Islamic securities including sukuk, see Practice note, Islamic finance: overview. | Legal update: archive | 01-Oct-2008 |
| 125 | ISDA press release: ISDA and IIFM agree to develop ... | External resources | 12-Sep-2006 |
| 126 | Islamic derivatives An introduction to some of the issues surrounding the development of Islamic derivatives and an outline of some of the key structures including Sharia compliant cross-currency swaps, profit rate swaps, foreign exchange options and total return swaps. The author would like to thank Rahul Chatterji of Allen & Overy LLP for his help in preparing this practice note. | Practice notes | Maintained |
| 127 | Islamic Finance in the US: The Case for Growth and ... This Article discusses the use of Islamic finance in the US to structure (a) retail financing transactions such as residential mortgages, bank deposits and equipment financing and (b) asset acquisitions, including equity investments. This Article also discusses the challenges Islamic finance faces in the US and the steps that US regulators and proponents of Islamic finance can take to promote the growth of Islamic finance in the US. | Articles | 13-Mar-2012 |
| 128 | Islamic finance legal experts: carving out a niche This article considers the impact that the recent growth of Islamic finance is having on the cross-border legal market, and identifies some of the leading experts in this area. | Articles | 15-Jun-2007 |
| 129 | Islamic finance reforms - seven new standards introduced This Law Firm Publication by Hadef & Partners outlines the Accounting and Auditing Organisation for Islamic Finance Institutions’ (AAOIFI) introduction of seven standards aimed at improving the operations of Shari’a boards following their major review of the Islamic finance industry. The standards offer guidance to assessors when deciding whether financial activities and products comply with Shari’a principles. | Articles | 11-Jun-2012 |
| 130 | Islamic finance: HM Treasury and FSA publish discussion ... An update on two papers published by HM Treasury and the Financial Services Authority. | Legal update: archive | 15-Dec-2008 |
| 131 | Islamic finance: rising above the downturn? The current crisis in the global financial markets has resulted in an increased focus on alternative financing techniques, including Islamic finance. | Legal update: archive | 27-Jan-2009 |
| 132 | Islamic finance: standard documents An introduction to standard documents for sharia-compliant transactions and links to online resources. | Practice notes | Maintained |
| 133 | Islamic finance: sukuk and ijara developments An update on reported developments in the Islamic bond market. | Legal update: archive | 11-Nov-2009 |
| 134 | Islamic finance: the core concepts explained This article examines the basic principles of Sharia-compliant finance transactions. | Articles | 01-May-2007 |
| 135 | Islamic finance: UK law overview This note gives an introduction to the basic principles of Islamic law (or Sharia) that affect finance transactions. It describes the main Sharia-compliant transaction structures and explains how they are used in practice. It considers the current challenges for the Islamic finance market and its likely future development. | Practice note: overview | Maintained |
| 136 | Islamic finance: unveiling the mysteries An examination of the basic principles of Sharia-compliant finance transactions. | Articles | 24-May-2007 |
| 137 | Islamic Financial Services Board (IFSB) | External resources | 03-Nov-2006 |
| 138 | Islamic Financial Services Board (IFSB) | Glossary | Maintained |
| 139 | Islamic Financial Services Board approve new capital ... An update on the Islamic Financial Services Board's approval of a new capital adequacy standard. | Legal update: archive | 04-Nov-2008 |
| 140 | Islamic Financial Services Board publishes draft guiding ... An update on publication by the Islamic Financial Services Board of exposure draft guiding principles. | Legal update: archive | 31-Dec-2008 |
| 141 | Islamic Financial Services Board publishes technical note on ... The Islamic Financial Services Board (IFSB) made available on its website on 14 April 2008 a document entitled Technical Note on issues in strengthening liquidity management of institutions offering Islamic Financial Services: The development of Islamic money markets (Technical Note). The Technical Note was approved by the IFSB at its meeting on 26 March 2008, together with a guidance note relating to the calculation of capital adequacy ratios by institutions offering only Islamic financial services (see Legal update, Islamic Financial Services Board publishes guidance on its 2005 Capital Adequacy Standard). The Technical Note aims to facilitate efforts towards enhancing the soundness and stability of the Islamic financial services industry, noting that, at present, Islamic money markets are not well integrated into the overall money markets in most jurisdictions. In outlining a strategy for developing Islamic money markets to facilitate liquidity management, the Technical Note covers the following areas: - Monetary operations using tradeable Islamic money market instruments. - Public debt and financing management operations supplying sufficient and predictable volumes of tradeable government Islamic financial instruments. - Appropriate trading and market micro-structure for Islamic financial instruments. - Associated payment settlement system fulfilling the requirements of Shari'ah. | Legal update: archive | 14-Apr-2008 |
| 142 | Islamic project finance An article explaining the features of Islamic project finance and highlighting the parallels to, and principal differences with, conventional project financing. | Articles | 17-Jun-2010 |
| 143 | Islamic Project Finance An article explaining the features of Islamic project finance and highlighting the parallels to, and principal differences with, conventional project financing. | Articles | 11-Mar-2010 |
| 144 | Istisna'a | Glossary | Maintained |
| 145 | June 2010 Budget: issues for finance lawyers An update on the key announcements of interest to finance lawyers arising from the June 2010 Budget. | Legal update: archive | 24-Jun-2010 |
| 146 | June 2010 Budget: key business tax announcements Our summary of the key business tax announcements in the 22 June 2010 Budget. (Free access.) Leading tax practitioners told us what they see as the most important announcements in the Budget, see Article, June 2010 Budget: the second half. | Legal update: archive | 23-Jun-2010 |
| 147 | June 2010 Budget: predictions A legal update summarising announcements we expect to be in the emergency Budget on 22 June 2010. (Free access.) | Legal update: archive | 15-Jun-2010 |
| 148 | Key business tax changes made by the Finance Act 2008 In this article, we summarise the key business tax changes made by the Finance Act 2008, which received Royal Assent on 21 July 2008. These include wide-ranging reforms of capital gains tax, capital allowances, rates of tax and the taxation of non-domiciliaries which apply from April 2008 and significant changes to HMRC information powers which are likely to come into effect in April 2009. | Articles | 29-Jul-2008 |
| 149 | Key dates for corporate tax practitioners: 2012 A practice note listing key forthcoming dates in 2012 for corporate tax practitioners. | Practice notes | Maintained |
| 150 | Key dates for finance lawyers in 2013 A practice note listing key forthcoming dates for UK finance lawyers. | Practice notes | Maintained |
| 151 | Law Society practice note: Execution of documents by virtual ... Practice note, Execution of documents by virtual means, published by the Law Society on 16 February 2010. | Legal update: archive | 16-Feb-2010 |
| 152 | Legislation tracker note: FSA - Regulation of home reversion ... A brief summary of what the legislation covers and commencement provisions, with links to further information. | Articles | 01-Apr-2013 |
| 153 | LMA publishes users' guide to Islamic finance documents On 7 March 2007, the Loan Market Association (LMA) published a users' guide to Islamic finance documents. The guide: 1) gives an introduction for new investors to various Islamic finance structures; and 2) considers how provisions of the LMA primary documents may be incorporated within Islamic facilities. The users' guide is available from the members' area of the LMA website. | Legal update: archive | 07-Mar-2007 |
| 154 | Maisir | Glossary | Maintained |
| 155 | March 2010 Budget: issues for finance lawyers An update on the key announcements of interest to finance lawyers arising from the 2010 Budget. | Legal update: archive | 25-Mar-2010 |
| 156 | March 2010 Budget: key business tax announcements Our summary of the key business tax announcements in the 24 March 2010 Budget. See what other tax practitioners thought were the highlights of the Budget: Article, March 2010: When is a Budget not a Budget? Tax practitioners comment. | Legal update: archive | 24-Mar-2010 |
| 157 | Maslaha (public good) | Glossary | Maintained |
| 158 | MICEX gains recognised stock exchange status HMRC has designated MICEX as a recognised stock exchange under section 1005(1)(b) of the Income Tax Act 2007, with effect from 5 January 2011. | Legal update: archive | 06-Jan-2011 |
| 159 | Mudaraba | Glossary | Maintained |
| 160 | Murabaha | Glossary | Maintained |
| 161 | Musawama | Glossary | Maintained |
| 162 | Musharaka | Glossary | Maintained |
| 163 | Musharaka sukuk | Glossary | Maintained |
| 164 | New Land Registry Practice Guide on Islamic financing The Land Registry has published a practice guide on the registration requirements for certain types of Islamic financing arrangements used in the purchase of land. | Legal update: archive | 13-Oct-2010 |
| 165 | New practice note on Sharia compliant financing of ... We have a new practice note by Jonathan Lawrence and Katie Hillier of K&L Gates LLP on Sharia compliant financing of commercial real estate. | Legal update: archive | 31-May-2013 |
| 166 | New recognised stock exchanges A legal update about the announcement by HMRC that the NASDAQ OMX Tallinn and the Bahamas International Securities Exchange have obtained "recognised stock exchange" status. | Legal update: archive | 10-May-2010 |
| 167 | Obligor | Glossary | Maintained |
| 168 | Opinion on whether sukuk are "Islamic" due next week On 7 February 2008, the Financial Times reported that the Sharia board of the Accounting and Auditing Organisation for Islamic Financial Institutions is due to give its opinion next week on whether sukuk are, in fact, Sharia-compliant. The opinion will be of interest to those working on structuring new issues of sukuk. It will be interesting to see whether the opinion covers existing sukuk - these will have been approved by Sharia committees as Sharia-complaint prior to issue. For more on Islamic finance, including the approval process, see Practice note, Introduction to Islamic finance. | Legal update: archive | 07-Feb-2008 |
| 169 | PDF File of Secondary legislation for the regulation of Home ... | External resources | 13-Sep-2006 |
| 170 | Pensions test comes into effect which may impact financing ... An update on the coming into force of the material detriment provisions inserted in the Pensions Act 2004 by the Pensions Act 2008. | Legal update: archive | 02-Jul-2009 |
| 171 | PLC Finance looks back on 2011 and forward to 2012 PLC Finance highlights the key cases and legal developments that were of most interest to finance lawyers during 2011 and looks ahead to what 2012 has in store. | Legal update: archive | 05-Jan-2012 |
| 172 | PLC Magazine November 2012 issue Articles published in the November 2012 issue of PLC Magazine which may be of interest to PLC Finance subscribers. | Legal update: archive | 25-Oct-2012 |
| 173 | PLC Tax legislation trackers: April 2011 PLC Tax has updated its legislation trackers to reflect developments in April 2011. | Legal update: archive | 26-Apr-2011 |
| 174 | PLC Tax legislation trackers: July 2011 PLC Tax has updated its legislation trackers to reflect developments in July 2011. | Legal update: archive | 27-Jul-2011 |
| 175 | PLC Tax legislation trackers: June 2011 PLC Tax had updated its legislation trackers to reflect developments in June 2011. | Legal update: archive | 29-Jun-2011 |
| 176 | PLC Tax legislation trackers: May 2011 PLC Tax has updated its legislation trackers to reflect developments in May 2011. | Legal update: archive | 31-May-2011 |
| 177 | Pre-Budget Report 2008: key business tax announcements The Chancellor, Alistair Darling, delivered his Pre-Budget Report on 24 November 2008. This update summarises the key business tax announcements. | Legal update: archive | 24-Nov-2008 |
| 178 | Press release - ICMA and IIFM memorandum of ... | External resources | Maintained |
| 179 | Profit rate swap | Glossary | Maintained |
| 180 | Provisions for Sharia-compliant finance extended An update on the Alternative Finance Arrangements (Amendment) Order 2009 which comes into force on 15 October 2009. | Legal update: archive | 29-Sep-2009 |
| 181 | Qard al hasan | Glossary | Maintained |
| 182 | Recent trends in sukuk On 25 June 2008, the Financial Times published an article reviewing the impact of the credit crunch and the new Sharia standards introduced by Sheikh Muhammad Taqi Usmani in March on sukuk. The article describes, amongst other things, how issuers are using ijara (leasing) structures in preference to sukuk. | Legal update: archive | 26-Jun-2008 |
| 183 | Regulated activities: alternative finance investment bonds The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (SI 2010/86) has been published. | Articles | 24-Feb-2010 |
| 184 | Revised practice note on VAT treatment of sharia-compliant ... Our practice note on the VAT treatment of sharia-compliant transactions has been substantially revised and expanded by its new contributor, Tarlochan Lall of Monckton Chambers. | Legal update: archive | 16-May-2011 |
| 185 | Riba | Glossary | Maintained |
| 186 | SDLT relief for sukuk clarified A legal update about the Stamp Duty Land Tax (Alternative Finance Investment Bonds) Regulations 2010 (SI 2010/814), made on 16 March 2010. | Legal update: archive | 18-Mar-2010 |
| 187 | Secondary legislation for home reversions and Ijara home ... Following public consultation earlier in 2006 (see PLC Legal update, Consultation on secondary legislation for the regulation of Home Reversion and Home Purchase Plans), the Treasury published on 13 September 2006, the secondary legislation to bring home reversions and Ijara home financing arrangements within the regulatory regime operated by the Financial Services Authority (FSA). The Treasury has published three Orders to this effect: 1. The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006. 2. The Terrorism Act 2000 (Business in the Regulated Sector) Order 2006. 3. The Proceeds of Crime Act 2002 (Business in the Regulated Sector) Order 2006. The legislation will be debated in Parliament in October and is subject to Parliamentary approval. The FSA will publish rules on activities relating to home reversion plans and Ijara home financing arrangements as soon as Parliament approves the legislation and will begin to accept authorisation applications from 6 November 2006. The changes will take effect from 6 April 2007. The consultation, response, and the relevant Orders and explanatory memoranda are available from the HM Treasury website. | Legal update: archive | 13-Sep-2006 |
| 188 | Secondary legislation for the regulation of Home Reversion ... Secondary legislation for the regulation of Home Reversion and Home Purchase Plans: A consultation (HM Treasury).This item is available in pdf format only and may take some time to download. | Policy guidance and consultations | 03-Apr-2006 |
| 189 | Securitisation: adverse effects of amended "specified ... The government announced, on 19 November 2010, its intention to remedy potential adverse tax and regulatory consequences for some types of debt securities that result from amendments to article 77 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544). | Legal update: archive | 29-Nov-2010 |
| 190 | Sharia | Glossary | Maintained |
| 191 | Sharia and the English courts A practice note looking at how the English courts will interpret requirements, in transaction documents and the parties constitutional documents, to act in accordance with Sharia law. | Practice notes | Maintained |
| 192 | Sharia Committee | Glossary | Maintained |
| 193 | Sharia compliant financing of commercial real estate This practice note looks at the key issues surrounding Sharia compliant financing of commercial real estate. The note considers both asset based and asset backed structures, looking particularly at various types of Sukuk used and considers how best to combine conventional and Sharia compliant financing. | Practice notes | Maintained |
| 194 | Sharia-compliant private equity: old dog learns new tricks Buoyant oil prices have continued to drive a boom in the Middle East and North Africa region, and have produced a growing potential investor base for both regional and global private equity. Private equity represents a natural fit for Muslim investors, as returns are earned through active participation in the risks of business. | Articles | 24-Jun-2008 |
| 195 | Sharia-compliant transactions: tax This note provides an introduction to the UK's tax treatment of Islamic (sharia-compliant) finance or, as it is referred to in UK tax legislation, "alternative finance". This note does not deal with VAT. For a discussion of the value added tax treatment of sharia-compliant products, see Practice note, Sharia-compliant transactions: VAT. | Practice notes | Maintained |
| 196 | Sharia-compliant transactions: VAT This note considers the UK VAT treatment of certain sharia-compliant financing structures. | Practice notes | Maintained |
| 197 | Sharik | Glossary | Maintained |
| 198 | Stamp duty land tax: Shari'ah mortgages The current relief from stamp duty land tax for certain Shari'ah mortgages will be extended. | Legal update: archive | 21-Apr-2006 |
| 199 | Structured Islamic finance In light of the remarkable growth of Islamic finance and its increasing relevance in the global finance market, market participants in South Korea are turning to Islamic finance. The Government and various regulatory authorities in Korea are streamlining legal, regulatory, accounting and tax requirements. However, the non-conventional structures and instruments of Islamic finance present unique challenges. This article examines the typical features of Sukuk, the structure of Sukuk, the legal nature of Sukuk in Korea and the tax issues and reform proposals relating to Sukuk. This article is part of the PLC multi-jurisdictional guide to securitisation. For a full list of contents visit www.practicallaw.com/securitisation-mjg. | Articles | 01-Nov-2009 |
| 200 | Sukuk | Glossary | Maintained |
| 201 | Sukuk al salam | Glossary | Maintained |
| 202 | Sukuk al wakala | Glossary | Maintained |
| 203 | Sukuk al-ijara | Glossary | Maintained |
| 204 | Sukuk al-istisna'a | Glossary | Maintained |
| 205 | Sukuk al-mudaraba | Glossary | Maintained |
| 206 | Sukuk al-murabaha | Glossary | Maintained |
| 207 | Sukuk al-musharaka | Glossary | Maintained |
| 208 | Sukuk al-salam | Glossary | Maintained |
| 209 | Sukuk al-wakala | Glossary | Maintained |
| 210 | Sukuk in Saudi Arabia This Law Firm Publication by SNR Denton examines the developments in Saudi Arabia that have resulted in the recent growth in the global market for sukuk (Shari’ah-compliant bonds). Although the Saudi sukuk market currently only has eight publicly listed sukuk issued by a few companies, other companies in Saudi Arabia are expected to utilise sukuk options throughout 2012. | Articles | 26-Jan-2012 |
| 211 | Sukuk issuances: the future The Finance Act 2009, which received Royal Assent on 21 July 2009, has furthered the UK government's ambition to be the leading international centre for Islamic finance by removing the tax barriers that have, in the past, made Islamic products less tax efficient than their conventional counterparts. | Legal update: archive | 21-Aug-2009 |
| 212 | Sukuk structures: limited recourse in distressed situations Many financing structures used in the last decade have been through previous periods of market disruption and testing, where participants have had to consider in detail their position under the structure. There is no similar precedent for the sukuk market, so sukuk structures are being tested for the first time, sometimes with a worrying difference between legal reality and market perception. | Articles | 24-Feb-2010 |
| 213 | Sukuk: growth and growing pains Neale Downes, a partner in Trowers & Hamlins' Islamic finance group, considers the factors driving the current growth in the Islamic finance sector and the key challenges facing its future development. | Legal update: archive | 01-Nov-2006 |
| 214 | Takaful | Glossary | Maintained |
| 215 | Takeout | Glossary | Maintained |
| 216 | Tawarruq | Glossary | Maintained |
| 217 | Tax and regulatory reforms to support Shari'a compliant ... On 13 June 2006, Gordon Brown, Chancellor of the Exchequer, and Callum McCarthy, Chairman of the Financial Services Authority (FSA), both gave speeches at an Islamic finance and trade conference in London indicating tax and regulatory reforms to support Shari'a compliant finance are set to continue. No new reforms were specifically identified. In his speech, Gordon Brown said that he wanted to make the UK the global centre for Islamic finance. He referred to work already undertaken in support of this, including Parliament's approval of measures in the Finance Bill for diminishing musharaka (a type of partnership arrangement) and wakala (an agency arrangement) on 8 June 2006 and to continuing with reforms. For more on Islamic finance, see Practice note, Introduction to Islamic finance and Practice note, Shari'a-compliant transactions: tax. In his speech, Callum McCarthy set out the FSA's approach towards the regulation of Islamic finance and stressed the importance the FSA attaches to establishing a fair and reasonable regulatory framework for Islamic financial transactions and financial institutions. He referred to a current FSA initiative to bring home purchase plans within the scope of FSA regulation and the HM Treasury consultation on the changes to the Regulatory Activities Order for this. See PLC Financial Services Legal update, HM Treasury consultation on secondary legislation for the regulation of home reversion and home purchase plans for more on this. | Legal update: archive | 14-Jun-2006 |
| 218 | Tax legislation tracker: archive A document containing items formerly found in PLC Tax legislation trackers but that are now in force. | Practice notes | Maintained |
| 219 | Tax legislation tracker: finance A document tracking the development of certain notable pieces of proposed new legislation relating to finance taxation. | Practice notes | Maintained |
| 220 | Tax legislation tracker: property, energy and environment A document tracking the development of certain notable pieces of proposed new legislation relating to property, energy and environment taxation. | Practice notes | Maintained |
| 221 | The Financial Services and Markets Act 2000 (Regulated ... On 19 January 2010, the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (SI 2010/86) was published on the Office of Public Sector Information website, with an accompanying explanatory memorandum. | Legal update: archive | 19-Jan-2010 |
| 222 | The Investment Dar Company KSCC v Blom Developments ... | External resources | 23-Aug-2011 |
| 223 | Tougher rules on sukuk sales to be imposed The Bahrain-based Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) is to impose tougher rules on the sale of sukuk after claiming that the majority of financial structures using Islamic debt securities do not comply with Sharia law. Although the rules are only legally binding in six Arab nations, regulators in certain countries, including Malaysia, Australia and South Africa, base their rules for sukuk on AAOIFI guidelines. For more information on Islamic finance, see Practice note, Islamic finance:overview and Practice note, Introduction to Islamic finance. Source: Bloomberg, 13 March 2008 | Legal update: archive | 13-Mar-2008 |
| 224 | UK Government starts feasibility study into sterling sovereign ... On 16 August 2007, the Islamic Finance Experts Group, a group set up to act as an industry sounding board on Islamic finance for HM Treasury and the FSA, held its first meeting. The focus of the meeting was to discuss the UK government's feasibility study into issuing sovereign sukuk and potential benefits for the City and retail customers of the government issuing sovereign sukuk. The government intends to have more discussions before making a decision on whether to issue a sterling sovereign sukuk. The issuance of sovereign sukuk is a part of the government's plans for Islamic finance, which also include: 1) Ensuring that Britain is a global centre for Islamic finance and trade and a strong financial partner for emerging markets as pursued by the High Level Group set up by the Chancellor. 2) Creating a level playing field for alternative finance and investments, such as Islamic finance, in the retail market. For more information on the government's plans for Islamic finance, see Legal update, Balls sets out tax and regulatory reforms for development of Islamic financial products and Legal update, Finance Act 2007: Royal Assent. For more information on the meeting, see the HM Treasury press release. For more information on sukuk and other Islamic finance structures, see Practice note, Islamic finance: overview. | Legal update: archive | 17-Aug-2007 |
| 225 | Wa'ad | Glossary | Maintained |
| 226 | Wakala | Glossary | Maintained |
| 227 | Wakeel | Glossary | Maintained |
| 228 | What's likely to be new in 2007 A brief overview of some legal developments affecting finance lawyers that can be expected in 2007. | Legal update: archive | 11-Jan-2007 |