Corporate Legal Articles

Together we are Forbes

Ineffective notice renders SPA tax claim out of time

28 Nov 2019

The following case serves an important reminder of strict compliance with contractual notice provisions and the significant repercussions of failing to draft them accurately. Stobart Group Limited and another v William Stobart and another (2019) In March 2008, Stobart Group Limited (SGL)…

Corporate

Read more

Agreement to agree: Court of Appeal rules SPA earn-out unenforceable

28 Nov 2019

The following case serves as an important reminder of the importance of providing certainty within agreements and displays the perils of leaving the option to agree terms at a later date. Morris v Swanton Care & Community Limited (2018) In November 2009, Mr Morris (Claimant) and his…

Corporate

Read more

Share Buybacks - Proceed with caution!

26 Nov 2019

An in-specie contribution is a viable alternative to transferring cash into a pension scheme, and can include assets such as property or shares. Dangers can arise where the shares held in the pension scheme are bought back by the company for cash. Private limited companies can make use of a…

Corporate

Read more

Electronic Signatures: the new form of signing?

14 Oct 2019

Both the Electronic Communication Act 2000, which defines electronic signatures and its authentication, and the EU Regulation elDAS (Electronic Identification, Authentication and Trust Services), which seeks to standardise the use of electronic signatures, appreciate the rapid development of the digital…

Corporate

Read more

'Fire sales' - the pros and cons of buying out of administration

08 Oct 2019

The financial gains to be made from buying a business out of administration can be significant. However, the potential risks involved can also be just as great. For this reason, it's vital that potential buyers consider the benefits and pitfalls of undergoing such process and take advice from…

Corporate

Read more

The Importance of Due Diligence

18 Jun 2019

When purchasing a business, whether it is a purchase of its share capital or its assets and liabilities, the buyer of the business will often undertake due diligence (the level of which varies dependent upon the size of the undertaking, the terms of the deal and the level of pre-existing knowledge by…

Corporate

Read more

Changes to Entrepreneurs Relief

18 Mar 2019

In the lead up to the Budget Statement at the end of October 2018, the Chancellor announced that changes to Entrepreneurs Relief ('ER') would be introduced in the New Year. ER is a relief applied on the sale of certain business assets or shares where Capital Gains Tax is charged at a reduced…

Corporate

Read more

What can SME's do to prepare for Brexit?

15 Feb 2019

With the Brexit deadline imminently approaching, how can you prepare your business for Brexit? This is a challenge facing every SME based in the UK that either sells internationally, has an international supply chain or relies on international workforce. SME's employ over 15 million people and…

Corporate

Read more