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Nov
09
2021

Raising finance: How not to break the rules on financial promotions
#Commercial

Financial promotions are a complex area and is defined in Section 21 of the Financial Services and Markets Act 2000 (FSMA) as being 'an invitation or inducement to engage in investment activity, communicated by a person in the course of business.’ It applies to all forms of communication written or spoken, including whether they are made via social media or in print. ...

Apr
21
2021

European Super League: Legally Binding Contracts
#Commercial

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. ...

Feb
09
2021

Commercial Agency Regulations 1993 and Brexit
#Commercial #Brexit

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. ...

Feb
09
2021

Setting up a Charitable Incorporation Organisation
#Commercial #Corporate

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. ...

Jan
12
2021

2021 Corporate and Commercial Predictions for Businesses
#Corporate #Commercial

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. ...

Dec
07
2020

Annual review of corporate governance reporting
#Corporate #Commercial

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. ...

Dec
07
2020

Government to further scrutinise transactions and investments
#Corporate #Commercial

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. ...

Nov
12
2020

Capital gains tax to increase to pay for pandemic
#Commercial

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....

Nov
06
2020

The practicalities of selling your business
#Commercial #Corporate #Podcasts and Webinars

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....

Nov
06
2020

Warranties v Indemnities – considerations and differences
#Corporate #Commercial

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....

Oct
20
2020

Importing EU Goods into the UK after 1 January 2021
#Dispute Resolution #Commercial #Brexit

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....

Oct
13
2020

Employee Ownership Trusts: Efficient exits on an owner's term
#Corporate #Commercial

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? ...

Oct
12
2020

Corporate Transparency and Register Reform
#Commercial #Corporate

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. ...

Oct
01
2020

Police use of facial recognition
#Data Protection #Information Technology #Commercial

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. ...

Aug
06
2020

Series A Funding in the Current Climate- Not all Doom and Gloom?
#Commercial #Podcasts and Webinars

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?...

Aug
06
2020

Business Angel Investment in a post COVID-19 landscape: For Growing Companies
#Corporate #Podcasts and Webinars #Commercial

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....

Jul
10
2020

Had Enough? Winding your Business Down through the use of an MVL
#Corporate #Commercial

The coronavirus pandemic has forced businesses to consider the way they operate and, in some instances, consider whether they have the ability to operate at all. Similarly, there will be many business owners who feel the risk of further pandemics in the future or business fatigue ...

Jul
09
2020

Distance Working and the Importance of Maintaining Culture and Cohesion
#Commercial #Corporate

It is generally accepted that culture goes to the very fabric of most businesses and this is often what sets one business apart from another. Quite often culture and values will determine success or failure. ...

Jul
09
2020

EMI Options and the Furlough Scheme
#Corporate #Commercial

The benefits of an EMI scheme amongst qualifying participants is widely known. However, the furlough scheme brought in to ease the financial burden of the employee wage bill on businesses has left some debate as to whether ...

Jun
09
2020

Warranty and Indemnity Insurance and COVID-19
#Commercial #Corporate

Warranty and indemnity Insurance in share purchase transactions is not new and has been offered in the insurance market place for some time....

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