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Transfer of equity is an English legal term for the process where the ownership of a share or interest in a property is transferred from one entity to another, a partial conveyance. [ 1 ] Transfers of equity can take place for multiple reasons.
In EU and UK law the umbrella term "collective investment scheme" is used to cover a range of legal entities, regardless of their form as trusts, companies or contracts, or a mixture. A "unit trust" is created through a trust deed, and run by a fund manager, where people may buy or sell "units" in a fund that invests in a range of securities.
These trusts come in two forms: automatic resulting trusts, and presumed resulting trusts. Automatic resulting trusts arise from a "gap" in the equitable title of property. The equitable maxim "equity abhors a vacuum" is followed: it is against principle for a piece of property to have no owner. As such, the courts assign the property to ...
Unissued shares can be issued at any time by the directors using a Form SH01 - Return of Allotment of Shares (Companies Act 2006 § 555) subject to prior authorisation by the shareholders. Transfers of shares in a private company usually occur by private agreement between the seller and the buyer, as they may not be offered to the general public.
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
Tracing is divided into two forms, common law tracing and equitable tracing. [1] Common law tracing relies on the claimant having legal ownership of the property, and will fail if the property has been mixed with other property, the legal title has been transferred to the defendant, or the legal title has been transferred by the defendant to ...
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CREST is a UK-based central securities depository that holds UK equities and UK gilts, as well as Irish equities and other international securities. It was named after its securities settlement system, CREST, and has been owned and operated by Euroclear since 2002. [1] The name CREST stands for Certificateless Registry for Electronic Share ...