Of the third variety, account combination--the implied contractual right of a depository bank to set off a current customer debt balance against a reciprocal deposit account balance--is introduced as a contractual set-off prototype, and becomes a key focus of the analytical exercise undertaken in Part IV.
Before divining an answer to the threshold question, I must furnish a brief synopsis of the conceptualization of set-off and its basic doctrinal framework.
Loss on sale of capital assets can only be carried forward and set-off
against capital gains made on sale of assets.
After registration of this set-off
issue by the Swedish Companies Registrar, the total share capital of the company will reportedly amount to SEK11, 351,170 and the new number of shares outstanding will be 22,702,340
81 and Fabre, a set-off
was allowed for the whole of the settlement provided the claims and damages sought from the nonsettling defendants were the same as those sought from the settling defendants.
Prior to the Strumpf decision, most Bankruptcy Courts held that a bank could not put a "hold" or "freeze" on the account in order to preserve the set-off
rights pending the bank's request for approval of the set-off
from the Bankruptcy Court.
Now, as result of the rights issue, this guarantee has resulted in a set-off
James Cuby, associate at the group, added that the risk of set-off
increases over time as the value of the insurance policy increases.
Ian Bell, Senior European Legal Counsel, explains that the issue of set-off
arises because a tax asymmetry has made certain types of mortgage very attractive in The Netherlands.
The Company's lenders continue to have the right to use cash balances in the Company's bank accounts to set-off
a portion of the debt.
Since the assignments of trade receivables are not perfected against obligors, the deal has a commingling risk as well as a set-off
The provision of set-off
cash collateral equal to 0.