Manufactured payments in respect of Loaned Securities - GMSLA Provision: Difference between revisions

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Makes sense, really.
Makes sense, really.
{{GMSLA compensation for mismanagement}}


===Court-ordered compensation===
===Limitation periods===
Easy enough for standard {{gmslaprov|dividend}}s, where this is all run-of-the-mill stuff and the {{gmslaprov|Income Record Date}} is within a month or so of the {{gmslaprov|Income}} payment date. But what about extraordinary distributions of the kind ordered by courts to compensate minority shareholders after years of litigation over some kind of botched merger or acquisition? This can and does happen.
What about [[Limitation Act 1980|limitation periods]]? Unlikely to help: if the amount only becomes due ten years after the original incident that gave rise to it — modern commercial [[litigation]] does tend to rumble on a bit — but, in the elegant words of Section 5 of the [[Limitation Act 1980]]<ref>The [[Limitation Act 1980]] was the subject of a 320 page law commission monograph in 2015 — [http://www.lawcom.gov.uk/app/uploads/2015/03/lc270_Limitation_of_Actions.pdf knock yourself out] — so clearly ''someone'' sees the opportunity to change the law.</ref>, “an action founded on simple {{tag|contract}} shall not be brought after the expiration of six years from the date on which the [[cause of action]] accrued”. No cause of action existed until the court award was made, so the clock only just started running.
 
Is court ordered compensation “{{gmslaprov|income}}” in the sense meant by the {{gmsla}}? Based on the definition of {{gmslaprov|Income}}, yes:
:''{{GMSLA 2010 Income}}''
Furthermore, clause {{gmslaprov|6.2}} ({{gmslaprov|Manufactured payments in respect of Loaned Securities}}) puts you right in the zone here. What about [[Limitation Act 1980|limitation periods]]? Unlikely to help: if the amount only becomes due ten years after the original incident that gave rise to it — modern commercial [[litigation]] does tend to rumble on a bit — but, in the elegant words of Section 5 of the [[Limitation Act 1980]]<ref>The [[Limitation Act 1980]] was the subject of a 320 page law commission monograph in 2015 — [http://www.lawcom.gov.uk/app/uploads/2015/03/lc270_Limitation_of_Actions.pdf knock yourself out] — so clearly ''someone'' sees the opportunity to change the law.</ref>, “an action founded on simple {{tag|contract}} shall not be brought after the expiration of six years from the date on which the [[cause of action]] accrued”. No cause of action existed until the court award was made, so the clock only just started running.
{{sa}}
{{sa}}
*[[Limitation Act 1980]]
*[[Limitation Act 1980]]
{{ref}}
{{ref}}

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