Corporate Management

Insolvency

Duties of a Director in the Insolvency of a Company
Directors have duties to a company in their stewardship, which continue in the insolvency of a company.

Corporate Management

Business Structures

Setting Up In Business – Choosing a Trading Style of Business
Businesses may be set up in a variety of ways. In this article, we step through the different trading styles for businesses in England.

Corporate Responsibility

Directors' Duties

Fines, Companies, Company Directors and Proportionality
In a Court of Appeal decision dealing with occupational health and safety, the Court took into consideration the capacity of the company and the director to pay a fine, and reduced it accordingly.

Corporate Management

Companies: Internal Governance

Directors’ Duties Under the Companies Act 2006
The Companies Act 2007 enumerates specific duties on directors of UK companies to clarify the law imposed on the administration of companies in the United Kingdom

Buying a Business

Share Transactions

Enterprise Investment Scheme Shares and Investment Capital
Enterprise Investment Scheme shares allow tax incentives to entrepreneurs to encourage venture capital funding and relief on capital gains tax.

Accounting Requirements

Shareholders' Rights

UK Shareholders' Rights and Dividend Waivers
Shareholders in UK companies may elect to waive their right to dividend payments, provided that certain prerequisites are satisfied.

Fraud & Deceit

Fraud & Dishonesty

Fraudulent Misrepresentation and Recovery of Damage: Corporate and Investment Fraud
The measure of damages for fraud is higher than other areas of law. The measure contrasts with the law of negligence and contract law.

Setting up in Business

Business Structures

New Corporate Options for Charities
The Charities Act 2006 establishes new ways for charities to incorporate themselves. The Charity Commission also has the power to suspend or remove trustees.

Company Constitution

Companies: Internal Governance

Directors Loans and Duties to UK Companies
In this article we review a decision whereby a director was found liable for director's loan, although he had no subjective intention in authorising the loans.

Company Constitution

Business Structures

Limited Liability Partnerships
An examination of Limited Liability Partnerships as a legal entity from which to conduct business.

Company Constitution

Business Structures

Partnership Assets – Decision Overturned
An examination of the division of partnership assets on the dissolution of the Partnership Act 1890.

Managing Liability & Risk

Personal Liability

Company Directors' Duties Expanded
A explanation of the extension of directors' duties under the new company legislation due to come into force in 2007.

Managing Liability & Risk

Companies: Internal Governance

Directors' Liabilities under the Companies Act UK
In most circumstances, companies and its directors and shareholders are considered separate legal entities, with profound consequences on liabilities of directors for the acts of a company.

Buying a Business

Intellectual Property Protection

Knowing your own Intellectual Property - Intellectual Property Due Diligence in the Sale of Businesses
Intellectual Property cannot be included in a sale of a business unless it owned by the business. A synopsis of some of the issues for intellectual property due diligence.

Choosing Business Names

Regulatory Compliance

Choosing Business & Company Names in the UK
Considerations when selecting a business name to trade in the United Kingdom.

Setting up in Business

Business Structures

Setting Up in Business in the UK
Selection of the legal form of a business determines the personal liability of the persons participating in the commercial venture. The concept of separate legal entities applies to companies in the UK.

Company Constitution

Regulatory Compliance

Briefing Note - Background, Nature and Effect of Articles of Association under UK Company Law
A company limited by shares has the option adopting the standard 'Table A' Articles or amending those standard form Articles in accordance with the Companies Act...

Accounting Requirements

Regulatory Compliance

Accounting Requirements under the UK Companies Acts
The Companies Act 1985 section 221(1) provides that every company must keep accounting records. In this article, we set out some of the obligations under the Companies Acts.

Company Constitution

Companies: Internal Governance

Types of Companies under the Companies Act UK
A company limited by shares is one option for incorporating a business and obtaining the benefit of limited liability...

Company Constitution

Companies: Internal Governance

Briefing Note - The Role of the Memorandum of Association under Company Law
An introduction to the nature and effect of the memorandum of association, which forms part of a company's constitution with the articles of association. The objects of a company delineate the corporate authority of a company.