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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
United Kingdom | Publication | January 2023
The pension scheme had advanced loans of £37,500 to the sponsoring employer in 2017 secured by a floating charge over all the undertakings and property of the employer. The loan was repaid in full by two instalments in March and November 2018. The charge was not registered with Companies House within 21 days of it being made.
The tribunal upheld the scheme sanction charge. A loan by a pension scheme to a sponsoring employer that was subject to an unregistered charge was not "secured by a charge which is of adequate value" within the meaning of the legislation and was not therefore an authorised employer loan. An unregistered charge was unenforceable against other creditors and failed to meet the legal requirements of taking priority over any other charge.
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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