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. ...
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. ...
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. ...
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....
UK companies need to review the impact of Brexit on their governance arrangements. Governance rules are principally found in the Companies Act 2006 which is part of UK domestic law. For the most part, leaving the EU will have little impact on the way UK limited companies are required to operate under this Act. ...
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. ...
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....
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....
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 ...
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. ...
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 ...
Warranty and indemnity Insurance in share purchase transactions is not new and has been offered in the insurance market place for some time....
Few can be in doubt that COVID 19 has changed the business landscape forever, though whether these changes will be for the better or worse remains to be seen. ...
The Government has now committed, albeit loosely, to an economy stabilising initiative. Despite the often contradictory scientific and medical advice, come 1st July the majority of non-essential retail will be able to reopen to the public. ...