The popularity of retention of title (ROT) clauses has, given the economic climate, been steadily on the rise for a number of years. This guide provides a brief overview of Retention of Title clauses, their alternatives and supplementary clauses, and the limits on their effectiveness that have led some to question their suitability in modern agreements. ...
Whilst the remaining restrictions are due to end in July, many businesses remain, and are likely to continue to do so, in a difficult trading environment saddled with COVID-19 related debt that will need servicing. It is because of this that many predict that these otherwise strong businesses will seek to explore the ‘Pre-Pack’ Administration process. ...
Within 48 hours of its announcement, all six of the English clubs involved in the proposed breakaway European Super League have withdrawn from the project as result of outspoken opposition pressure from their own supporters the public including their domestic target audience of TV subscribers and the UK Government. As only three clubs remain, it is clear that the project will not go ahead. ...
The last few days have seen the founders of the European Super League, the UEFA and others clash over the creation of a new football league. ...
Share buybacks are a useful tool to public and private companies. However, the procedure can be complex, and the courts have been known to scrutinise deviations of any sought. In the most extreme cases, share buybacks have been unwound leaving the shares still in issue and in control of the shareholder. ...
The Commercial Agency Regulations 1993 (Regulations) will continue to apply to agency relationships in the UK currently and decisions of the European Court of Justice (ECJ) will continue to bind the laws of England and Wales up and until 31 December. ...
Interest in Charitable Incorporation Organisations (CIO’s) has grown in recent months, we explain how these could be considered an appropriate structure for a reorganisation or setting up a new activity. ...
For our first article of 2021 we have decided to focus on expectations and predictions for the year ahead. 2020 has forced the Government and its associated regulators to assess the efficiency of organisations in every aspect, from governance to financial reporting and accounting. ...
The Financial Reporting Council (FRC) has published its annual review of corporate governance reporting against its UK Corporate Governance Code (the Code). The Code, published in its current form in 2018, provides businesses with key corporate governance recommendations. ...
Last month the Government introduced the National Security and Investment Bill to the House of Commons for its first reading. The purpose of the Bill is to give the government further powers to scrutinise and, where necessary, intervene in certain business transactions if it believes national security concerns are present; this will include mergers and acquisitions. ...
If you are considering selling your business, are you aware of the discussions in the changes to rates of Capital Gains Tax and clear on how this might impact your share of the sale proceeds? If so, it might be worth exploring the various routes to sale that exist, including selling to your employees tax free....
In our latest webinar, corporate partner Stuart Mullins discusses the practicalities of selling your business. The following article provides vital insight for both buyers and sellers seeking to navigate the often complex journey from heads of terms to completion. Below we highlight the key considerations and processes....
The terms “indemnity” “warranty” and “representation” are used a lot in the context of share sale or business sale agreements, but the terms “warranty” and “indemnity” permeate through all forms of contracts, not just business sale agreements....
Brexit is going to have significant effect on the trade of goods between the UK and the EU. If your business relies on goods imported from the EU, whether by you directly or through your supply chain, you need to take action to ensure that your supply is not disrupted....
Do you want to realise the value in your business, but concerned about the time and cost issues surrounding finding a buyer, talking to competitors and engaging in lengthy due diligence? ...
Following lengthy consultation that began in May 2019, the Government has now published its response to proposed changes to the role of Companies House, and increased transparency amongst companies and legal entities. The consultation was vast, 1320 formal and unique responses were submitted. ...
The Court of Appeal recently handed down its decision in the case of R v Bridges [2020] EWCA Civ 1058, the first case of its kind in the world dealing with law enforcement use of live facial recognition. ...
Clarkslegal prides ourselves on our excellent client service, so it is wonderful to be recommended by Legal 500 UK for our efforts especially during this different time for us all. We are delighted to announce that we have been recognised for the following practice areas; Construction, Commercial Litigation, Commercial Property, Corporate & Commercial, Employment, Immigration and Public Sector....
It is generally accepted that Series A funding is crucial to the development and scale up of early stage business. Funding generally was very competitive prior to lock down, but with the obvious economic pressures brought about by Covid-19, what is the view moving forward and how does a business seeking such funding best prepare for investment discussion?...
This article sets out the key themes covered in the Clarkslegal webinar. The webinar was hosted by Stuart Mullins, of Clarkslegal LLP, Steve Royffe, of the Dorset Business Angels....