Restructuring of the management of residential property or properties (“the Restructuring Arrangement”).
This Restructuring Arrangement is we believe suitable for individuals who are either UK domiciled or non UK domiciled and who are UK resident for tax purposes. It will be of particular interest to higher rate tax payers but will be of wider interest also.
This Restructuring Arrangement is intended for England and Wales. It is not intended for other jurisdictions.
These terms and conditions set out the basis on which we are to act and the detail of the services we will offer, among other things.
We will provide a set of documentation and instructions in respect of each property and we will set up a property management company for you. This will enable you to take any independent advice you wish to take from lawyers, accountants or other professionals. The documentation and instructions together constitute the Restructuring Arrangement.
We will rely on the information you provide. We will not independently verify ownership, Land Registry information, property addresses or other information. It is important therefore that the information you give us is accurate. Obviously we cannot be responsible or liable for any incorrect information that you give to us.
Financial Services – UK Law
We cannot, and are not, providing financial advice in respect of any part of this Restructuring Arrangement. We provide consultancy services to landlords of residential investment property (commonly known as buy to let). Our services are not regulated for the purposes of the Financial Services and Markets Act 2000.
The following fees are payable by you to us in connection with our services in relation to the Restructuring Arrangement.
(1) A non-refundable administration fee of £1,950 plus VAT payable in advance. This is payable for the initial set up and fact find costs we will incur and the provision of valuable and commercially confidential information in respect of the Restructuring Arrangement upon which you may seek your own independent legal and accountancy advice should you wish to do so. For the avoidance of doubt, should you decide not to proceed with the Restructuring Arrangement this initial administration fee is non-refundable.
(2) The Arrangement Fee which shall be calculated at the rate of £150 + VAT per property shall be payable immediately prior to delivery of all outstanding documentation to enable implementation of the Restructuring Arrangement.
Please note for the avoidance of doubt that we are not a law firm. None of the fees charged by us are for legal advice. Legal services are provided by our appointed Notary and you will be will be invoiced direct from them and engaged directly as their client, not as a client of Buy to Let Restructuring Ltd.
Limitation of Liability
The services we provide to you are for your sole use and do not constitute the provision of services for any third parties.
We will provide the services outlined in this agreement with reasonable skill and care. However, we will not be responsible for any losses, penalties, fines or any other liabilities arising from the supply by you or any other third party of incorrect, incomplete or untimely information required to carry out our services.
Our liability to you in respect of breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with this engagement shall be limited in total to £1 million to cover claims of any sort whatsoever (excluding interest of costs) arising out of or in connection with this engagement. This provision shall have no application to any liability for death or personal injury nor to any liability arising as a result of fraud on our part (or for which we are vicariously liable) nor to any liability which cannot lawfully be excluded or limited.
We may supply you with documents and information relating to the Restructuring Arrangement. The documents and information shall be referred to as the Confidential Information which applies whether or not the documents or information supplied has been marked "confidential". Copies of any of these documents and information (and records of any information supplied orally) whether made in paper form or any other form including any electronic form are referred to as copies.
a) You must keep the Confidential Information confidential and not disclose it anyone.
b) You must not use any Confidential Information except for the purposes of the Restructuring Arrangement.
c) You and anyone to whom disclosure may be made in accordance with these terms may make copies but only insofar as is reasonably necessary to carry out any due diligence or obtain professional advice in respect of the Restructuring Arrangement.
d) You may disclose Confidential Information to your employees and your professional advisers but only to the extent that is required for you to carry out your due diligence in connection with the Restructuring Arrangement.
e) Before you disclose Confidential Information relevant to paragraph (d) above you must inform the person to whom you are disclosing it as to its confidentiality and after that you must procure that all persons to whom you have disclosed Confidential Information and their employees comply with the same obligations that you have in the terms both relating to the Confidential Information and other matters.
f) You must if requested notify us of the name, address and standing of each person to whom you have disclosed Confidential Information.
g) You must inform us immediately upon becoming aware or suspecting that an unauthorised person has become aware of Confidential Information
h) You must, if we request, return to us all papers, CD-ROMS and other formats (other than an electronic format) containing Confidential Information and all copies that you and any person to whom you have disclosed Confidential Information or any copy exists in electronic format, you and any person to whom you have disclosed Confidential Information must if we request delete the electronic files which hold that Confidential Information.
i) The obligations of confidentiality and non-disclosure do not apply to the extent that disclosure is required by an order of any court of competent jurisdiction or any competent judicial, governmental or regulatory body.
Approval of the Terms of Engagement
If you approve these terms and conditions, please tick the box where indicated. We cannot commence our work until we have received your approval and payment of the fee.
These terms and conditions are governed by and shall be construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.