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The Damp Squid Budget?
22 November 2017Yes, yes, I know the phrase is “damp squib”. Call it pedant bait if you like. And the Chancellor (like everyone else) seems to be Blue Planet crazy, so you may detect a salty theme in this Budget update. Anyway, let’s dive into the icy waters of the latest Budget and see what monsters lurk beneath.
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People with Significant Control - AIM Companies brought within the PSC regime
12 July 2017UK companies listed on AIM were previously exempt from the obligation to keep a register of people with significant control (PSCs), but recent changes mean they will have to have a register from 24 July 2017 onwards.
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People with Significant Control - changes in force from Monday 26 June 2017
29 June 2017With very little advance notice as to the detail, notable changes regarding the disclosure regime for people with significant control (PSCs) of UK companies and LLPs came into force on Monday 26 June 2017.
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Beware of handing matters over to the court’s discretion
16 June 2017How often in negotiations do parties “duck” issues deemed “too difficult” and try to cope with them by adopting “reasonable” (or other) “endeavours” obligations?
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Paying different dividends to different share classes: as easy as A, B, C?
16 June 2017Giving a company the ability to pay different rates of dividend to different shareholders can be a useful tool.
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What is an independent witness?
16 June 2017If we send you a document to sign and say that you need to have someone, who is independent, “witness” your signature, there’ll be space under the section for your signature for the witness to sign and insert their contact details.
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Warranty and Indemnity Insurance – the what, why and how of it?
13 June 2017Whilst the use of W&I Insurance in M&A transactions has been available for some time, its use has increased dramatically in the past few years, particularly in the technology, real estate and manufacturing sectors.
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Helping to shape the Global Driverless Revolution
03 May 2017In this article, we look at the road ahead for autonomous vehicles.
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Proposed disclosure rules for non-UK entities owning property or bidding for Government contracts
12 April 2017The UK Government proposes new rules requiring non-UK entities that already own, or intend to acquire, UK real estate, or that wish to bid for UK central Government contracts, to be required to disclose information about the beneficial owners of the entity.
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Matthew Rowbotham comments for Essential Retail: Sharing is caring, and a bit daring – should you be preparing?
10 March 2017Matthew Rowbotham, Head of Tax, Reward and Incentives, takes a look at why e-tailers should consider employee ownership.
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Dating apps get even more interesting
17 February 2017A Scottish court has recently refused to find that a legal partnership existed between two former friends and Mr Elliott in relation to a business arrangement to develop and exploit a couple of online dating apps. The court held that, without a contract, there was no partnership and Mr Elliott was not obliged to share the profits from the venture with the friends.
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Estate agent unable to claim his fee on successful property sale
17 February 2017The Court of Appeal has decided that it cannot imply contractual terms where there is no contract in the first place. In this case, it would not imply a term to enable an estate agent to recover his commission on a sale.
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How to read an investment termsheet: Part 2 – The liquidation preference and waterfall
02 February 2017David Willbe has written a piece for Startup Grind.
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How to read an investment termsheet: Part 1 - The valuation
07 December 2016David Willbe has written a piece for Startup Grind.
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Are your board minutes up to scratch
30 November 2016In the absence of substantive advice or regulation on minute taking at meetings of a company’s board of directors, ICSA (the Governance Institute for Company Secretaries) has published guidance on this. The guidance states that minutes should “provide an accurate, impartial and balanced internal record of the business transacted at a meeting.”
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Partners profit share can be forfeited for breach of duty
30 November 2016The High Court has recently ruled that a partner or LLP member, who commits a breach of fiduciary duty, may forfeit any part of his profit share which constitutes remuneration.
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Sales and Brexit Protecting against uncertainty in uncertain times
14 November 2016David Willbe has a written a piece for 'Bluebox'.
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Sherlock Holmes and the case of the vanishing director
30 August 2016Any good director knows that they have a duty to act in accordance with the company's articles of association. These dictate how directors should be appointed and removed, how shares are transferred and how key decisions should be made. Yet real life isn’t always that neat in practice. So what happens if a company discovers that it has invalidly appointed directors over the past twelve years? A recent judgment tells us that company articles can be amended by conduct – but warns that your articles can still come back to bite you in the end.
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Brexit - Some thoughts on the impact on financial services
05 August 2016On 23 June 2016, 52% of voters in the UK referendum voted ‘Yes’ to the proposition that the UK should ‘leave the European Union’. The UK remains a member of the European Union (“EU”) until Brexit occurs, and therefore there will be no immediate change to the legal relationship the UK has with the EU and with individual EU Member States. Nonetheless, as the other articles in this briefing section indicate, the longer-term consequences of leaving the EU are potentially far reaching, although behind the already well-worn cliché of “Brexit means Brexit” lie many possibilities for the future relationship of the UK with the EU.
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What is “MAR”? And what changes has it introduced for listed companies?
02 August 2016The EU Market Abuse Regulation (596/2014) (MAR) became directly applicable and effective in the UK from 3 July 2016, replacing the previous UK civil market abuse regime. While there is little change in the headline rules and terminology, the new regime has introduced more detailed regulation that listed companies and their advisers, directors, and others who discharge managerial responsibilities must now address.