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Social distancing and the use of electronic signatures
25 March 2020With vast numbers of people now working from home due to COVID-19 restrictions, finding more convenient methods of making binding transactions which are recorded in writing has become a priority.
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Types of directors: myths and common pitfalls
25 March 2020Below we answer some of the most common questions and address frequent pitfalls in the often-confusing realm of company directors.
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Effect of Coronavirus on financial reporting
18 March 2020The Financial Reporting Council (FRC) has published fresh guidance on issues arising from the Covid-19 pandemic.
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Brexit – the prospective changes in company law for private and overseas companies
05 February 2020This article is to update you on, and explain the expected timing as to, the changes in company law for private and overseas companies to be brought about by the UK’s withdrawal from the EU. In practice, only companies with a connection to the EEA will be impacted and the action points for them will be fairly minimal.
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Apply to extend your accounts filing deadline, and avoid late filing penalty. Companies House - New Service.
22 January 2020You can use this new service to apply for more time to file your company’s annual accounts with Companies House.
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Does your company use email for sending documents or information to shareholders?
22 January 2020If so, do you have the necessary consents in place?
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Brexit – the post Halloween picture as to the minor changes in company law for private and overseas companies
01 November 2019Now that we didn’t leave the EU on 31 October 2019, this article is to update you on, and explain the timing as to, the few changes in company law for private and overseas companies, to be brought about by the UK’s withdrawal from the EU. In practice, only companies with a connection to the EEA will be impacted and the action points for them will be fairly minimal.
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Law Commission confirms legality of electronic signatures
19 September 2019Following consultation, the Law Commission has published its report on the electronic execution of documents and confirmed that, “An electronic signature is capable in law of being used to execute a document (including a deed) provided that (i) the person signing intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied.”
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Parent company’s limited liability. Not quite so limited?
11 July 2019It is a basic principle of company law that the liability of a shareholder of a limited company is limited to the amount unpaid on the shares it holds in that company. Right? That’s why it’s called a limited company? This is generally true. However, in some cases, a parent company can be considered to have assumed responsibility for the negligent acts of its subsidiary.
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Keeping accurate records or disqualification and potential prison time? Surely an easy choice!
24 April 2019Evidently not for some…
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Penalty appeal kicked into touch - Nosworthy v Instinctif Partners Ltd
24 April 2019A court has recently upheld the actions of an employer (IP) which enforced bad leaver provisions contained in its articles of association (Articles). Those provisions required a resigning employee (N) to transfer her shares for minimal consideration and forfeit her loan notes.
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Entrepreneurs’ relief: the brave new world
13 March 2019This is an update on the changes to the qualifying criteria for entrepreneurs’ relief introduced in the October 2018 Budget, amended in December and now embodied in statute.
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Can / should someone who is not a director be invited to join a committee of the board?
13 December 2018Even if a company’s articles of association permit a committee of the board of directors of a company to comprise or include persons who are not directors, is it sensible for such a committee to be appointed? Are there benefits? This article explores this question.
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Bad leaver provisions enforceable as not penalties
03 August 2018In the recent case of Signia Wealth Limited v Vector Trustees Limited, the court held that the company’s bad leaver provisions (pursuant to which a leaving shareholder was compelled to sell their shares for less than their value) did not fall foul of the penalty doctrine and were therefore enforceable.
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Can we remove “limited” from the end of our company name?
30 July 2018In certain circumstances a private limited company can apply to Companies House to be registered with a name that does not have “limited” (or the Welsh equivalent) at the end. This article summarises the circumstances of this exemption.
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Sports Q&A – Corporate governance - key things to know
29 June 2018I’m taking on an in-house role with a professional sports team and will have responsibility for ensuring the board meets its corporate governance requirements. What are some of the key things I should know?
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The new 2018 QCA Corporate Governance Code for small & mid-size quoted companies
27 June 2018The Quoted Companies Alliance, the independent membership organisation that champions the interests of small to mid-size quoted companies, has recently released its revised and updated QCA Corporate Governance Code 2018.
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Court implies duty of good faith in “relational” contract
26 June 2018The courts may be more willing to imply a duty of good faith into joint venture agreements, following a recent High Court case.
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Director’s privacy – improvements to the Companies House regime for removal of residential addresses
26 June 2018New regulations, which came into force on 26 April 2018, will make it easier for directors (and others) to remove their residential addresses from publicly available Companies House documents.