Government attacked over new laws on excessive ‘fat cat’ pay – The Independent

Posted August 29th, 2017 in company directors, company law, news, remuneration by sally

‘Critics rounded on the Government today as it published the full detail of new laws aimed at cracking down on excessive boardroom pay.’

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The Independent, 29th August 2017

Source: www.independent.co.uk

Regulations broaden financial sanctions reporting obligation – OUT-LAW.com

‘New UK regulations have been published that significantly extend the duty to report financial sanctions breaches. Previously only banks, financial institutions, certain EEA credit institutions, and currency exchange businesses were obliged to report, but the duty now applies to a far broader range of professions and sectors.’

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OUT-LAW.com, 14th August 2017

Source: www.out-law.com

Supreme Court clarifies test for imposing conditions on grant of permission to appeal – OUT-LAW.com

Posted August 7th, 2017 in appeals, company law, news, shareholders, Supreme Court, third parties by sally

‘A recent decision by the Supreme Court has clarified the circumstances in which the court will be able to impose a financial requirement as a condition of the grant of permission to appeal, an expert has said.’

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OUT-LAW.com, 4th August 2017

Source: www.out-law.com

New corporate criminal offences of failure to prevent tax evasion effective from 30 September – OUT-LAW.com

Posted July 13th, 2017 in company law, crime, news, partnerships, regulations, tax evasion by sally

‘Legislation that provides for new corporate criminal offences of failure to prevent tax evasion will have effect from 30 September this year, it has been confirmed.’

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OUT-LAW.com, 13th July 2017

Source: www.out-law.com

The Highs and Lows of the UK’s Business and Human Rights Laws – Rightsinfo

‘Today marks 6 years since the UN Human Rights Council adopted the Guiding Principles on Business and Human Rights. To celebrate, we are looking at three fantastic things the UK has done to ensure that businesses respect human rights, and two areas where it could vastly improve.’

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Rightsinfo, 16th June 2017

Source: rightsinfo.org

Children’s Investment Fund Foundation (UK) v Attorney General and others – WLR Daily

Posted June 15th, 2017 in charities, company law, law reports by sally

Children’s Investment Fund Foundation (UK) v Attorney General and others [2017] EWHC 1379 (Ch)

‘The claimant was a substantial English registered charity and a company limited by guarantee without a share capital. It was founded by the second and third defendants, who were two of its trustees and, along with L, its only members. As a result of the breakdown in the relationship between the second and third defendants it was agreed that the third defendant would resign as a member and trustee of the claimant and that she would found another registered charity, also a company limited by guarantee without a share capital. If the payment of the grant was a “payment for loss of office to a director” of the claimant for the purposes section 215 of the Companies Act 2006, it would, by section 217, prima facie require to be sanctioned by a resolution of the claimant’s members before it could be paid.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Employees, Directors & the Futures Path of Corporate Governance Reform – Littleton Chambers

‘Shortly before the calling of a General Election the Business and Enterprise Select Committee of the House of Commons published a report on corporate governance. As the report’s reception and subsequent comment have made clear, whatever the outcome of the election the framework set by the report is likely to determine the direction of future corporate governance reform.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

‘Failure to prevent’ offences on course for September as legislation clears parliament – OUT-LAW.com

Posted May 2nd, 2017 in company law, crime prevention, legislation, news, tax evasion by sally

‘New corporate criminal offences of failing to prevent the facilitation of tax evasion are on course to be introduced in September as planned following the passage of the underlying legislation through parliament.’

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OUT-LAW.com, 28th April 2017

Source: www.out-law.com

Elim Court RTM v Avon Freeholds Ltd [2014] UKUT 0397 – Tanfield Chambers

Posted April 7th, 2017 in company law, landlord & tenant, leases, news, service by sally

‘In 5 conjoined appeals the Court of Appeal considered whether there had been a failure to comply with the statutory procedural provisions and the consequences thereof.’

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Tanfield Chambers, 27th March 2017

Source: www.tanfieldchambers.co.uk

Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court

Posted April 6th, 2017 in company law, foreign jurisdictions, legislation, news by sally

‘In a bold and unprecedented move that is set to cause a ripple through the top ranks of the corporate world, the French Parliament has recently passed a law to shift what is broadly termed ‘corporate social responsibility’ onto a firm legislative footing. Although it has increased significantly in currency in recent years, with most major companies having some kind of initiative in place, CSR has remained resolutely a voluntary activity, a commitment for companies to sign up to and report on should they so wish; a moral endeavour rather than a legal obligation. ‘

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Six Pump Court, 3rd April 2017

Source: www.6pumpcourt.co.uk

Challenges Arising from Brexit – Henderson Chambers

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

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Henderson Chambers, 5th April 2017

Source: www.hendersonchambers.co.uk

Serious Fraud Office boss warns big names to play ball – or else – The Guardian

‘David Green, the director of the Serious Fraud Office, has warned that British businesses should not consider deferred prosecution agreements (DPAs) the “new normal” if they are caught misbehaving.’

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The Guardian, 2nd April 2017

Source: www.guardian.co.uk

‘Broad consensus’ that corporate crime laws need changing, says expert, as consultation begins – OUT-LAW.com

Posted January 20th, 2017 in bills, company law, consultations, criminal responsibility, news, tax evasion by sally

‘A consultation on the need for changes to corporate crime laws should be welcomed, although there is already “broad consensus” that the current rules do not work, an expert has said.’

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OUT-LAW.com, 19th January 2017

Source: www.out-law.com

Lawyers divided on new white-collar crime offences – Law Society’s Gazette

‘US-style ‘vicarious liability’ and new ‘failure to prevent’ offences are under consideration in long-awaited government proposals to reform the law on corporate criminal liability published today. Initial reaction from corporate crime specialists was divided, with some lawyers seeing the proposals as a climb-down while others described them as a new burden on business.’

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Law Society’s Gazette, 13th January 2017

Source: www.lawgazette.co.uk

Human rights and business: is international law relevant? – OUP Blog

Posted December 19th, 2016 in company law, human rights, international law, news, United Nations by sally

‘Corporations are now widely seen as having responsibilities in regard to human rights abuses. This was thrown starkly onto the front pages recently when a number of high profile UK companies, including M&S and Asos, were caught up in allegations of child refugees from Syria working in very poor conditions for clothing suppliers based in Turkey. They are just one of many instances around the world where corporations have been shown to be involved in human rights abuses.’

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OUP Blog, 19th December 2016

Source: www.blog.oup.com

Companies House abandons plan to delete 2.5m public records – The Guardian

Posted November 28th, 2016 in company directors, company law, data protection, news, public records by sally

‘Controversial plans to delete more than 2.5m public records have been abandoned by the government’s company registration agency.’

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The Guardian,24th November 2016

Source: www.guardian.co.uk

Brexit and UK company law – OUP Blog

Posted July 19th, 2016 in brexit, company law, constitutional reform, EC law, news, treaties by sally

‘Most discussion relating to the referendum result has focussed on the effect that Brexit will have upon our constitutional arrangements or workers’ rights. This blog post will focus on the effect that Brexit will have upon the UK system of company law. Unfortunately, the current uncertainty regarding the terms on which the UK will leave the EU (if indeed it does) means that a definitive answer cannot be provided, but several principal possibilities can be advanced.’

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OUP Blog, 19th July 2016

Source: www.blog.oup.com

In re Zavarco (No 2); Blomqvist v Zavarco plc and another (No 2); Blomqvist v Teoh and others – WLR Daily

Posted June 3rd, 2016 in company directors, company law, estoppel, law reports, shareholders by sally

In re Zavarco (No 2); Blomqvist v Zavarco plc and another (No 2); Blomqvist v Teoh and others [2016] EWHC 1143 (Ch)

‘The shareholder claimed to have purchased a 66·6% share in the company, a United Kingdom holding company of a group operating in South East Asia. Following a substantial fall in the share price the shareholder requested that the directors call a general meeting of the company, which, by section 303 of the Companies Act 2006, they were required to do if they received requests from members representing at least 5% of the paid-up capital of the company. The directors refused to call the general meeting requested, contending that the shareholder’s shares were in fact not paid up. The shareholder served a notice pursuant to section 305 of the 2006 Act, by which a shareholder was entitled to call a meeting if the directors had wrongfully refused to do so. The company subsequently informed the shareholder that it had issued further shares to a Malaysian company reducing his shareholding to 1·17%. The shareholder commenced two actions, one by a petition for a declaration that the notice served by him under section 305 of the 2006 Act was valid and effective and a direction that the general meeting be held, and the other, by a Part 8 claim form for an order rectifying the company’s register of members to delete the additional share issue for want of authorisation.’

WLR Daily, 17th May 2016

Source: www.iclr.co.uk

UK proposes ‘sweeping changes’ to corporate liability for economic crimes – OUT-LAW.com

‘The planned introduction of a new corporate criminal offence of failure to prevent fraud, money laundering and other economic crimes would have an “even bigger impact on businesses than the introduction of the Bribery Act”, a corporate crime expert has said.’

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OUT-LAW.com, 13th May 2016

Source: www.out-law.com