Legal opinion letter (City of London Law Society)

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The attached document is a draft form of overseas legal opinion letter for transactions relating to real property in England and Wales, produced by the City of London Law Society Land Law Committee.

Where an overseas entity is entering into a transaction relating to real property in England and Wales, it will usually be necessary to obtain the protection of an opinion letter from a lawyer operating (with sufficient professional indemnity insurance) in the jurisdiction in which the company is registered confirming (amongst other matters): that the entity exists, and is duly incorporated, under the laws of its jurisdiction; it has power to hold land in England and Wales, and to enter into the transaction contemplated; any jurisdiction stipulation is binding on the entity in its own jurisdiction; the execution of documents by the entity in relation to the transaction is valid; and the entity is not subject to any insolvency proceedings, winding-up or analogous procedures in its jurisdiction.

A guide to the questions to be addressed when providing opinion letters on English law in financial transactions has been produced by the City of London Law Society Financial Law Committee.

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