Thursday 22 February 2018

UK: England and Wales: Law Commission call for evidence on Commonhold

The Law Commission (England and Wales) has published a call for evidence concerning Commonhold, a form of property ownership created by the Commonhold and Leasehold Reform Act 2002: see here (pdf). One element of the commonhold framework is the commonhold association, a private company limited by guarantee. The commonhold association is governed by the commonhold legislation as well as company law. In respect of the application of company law, the Law Commission notes several positions including, for example, the view that commonhold associations should not be be a company subject to company law; another view is that greater guidance and clarity is required in respect of the application of company law.

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