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Archive | Corporate & Commercial Opinion
Can you recover costs in a small claims dispute?

The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.

One of those exceptions is if the Court thinks a party has behaved unreasonably.

Residential tenancy deposits – are you protected?

Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.

As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.

Timeshares – not all ‘fun in the sun’

Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.

The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.

Property fraudsters – who is to blame?

It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…

How will the Register of People with Significant Control (PSC) Regulations impact your business?

As part of the requirements of the Small Business, Enterprise and Employment Act 2015, from 6 April 2016, most companies and limited liability partnerships (LLPs) will be required to keep and maintain a register of persons with significant control (PSC Register). Helping to combat tax evasion, money laundering, and terrorist financing, the new obligations will…

Goings-on in the Village Hall

Where two or more people are involved in a group with a common interest or purpose, it can be defined as an unincorporated association. Examples are sports clubs, community groups or educational groups. A recent case involved a Shropshire Village Hall that had been the centre of the community for over 80 years. The Hall…

The effect of the Budget on SMEs

On 22 June 2010, as expected, the new Chancellor George Osborne had the unenviable job of telling us spending would be slashed and taxes would rise as he announced the new coalition Government’s emergency budget. Firstly the bad news and then the not so bad news, that should be of particular interest to SMEs (small/medium…

Shareholders Agreement – death of a shareholder

When putting in place or reviewing shareholder arrangements (i.e. shareholder agreements and/or new articles of association) for private companies, the possibility of the death of a shareholder should be specifically considered. Pre-emption rights The constitution of a private company often contains restrictions on the transfer of shares. Usually a shareholder will not be able to…

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Legal Duties of Directors

Duty to act within powers A director of a company must act in accordance with the company’s constitution, and only exercise powers for the purposes for which they are conferred. For this purpose, the company’s constitution includes not only its articles of association, but also any decisions taken in accordance with the company’s articles, or…

Investment in return for equity in private companies

There comes a stage in the development of every owner managed company when more capital is required for expansion, development of a new product, the push into a new market or, quite simply, survival. The owner manager will usually look to the normal routes of obtaining finance at such a time. His first call may…

Companies House: late filing penalties

Companies who are late filing accounts at Companies House are now to receive increased financial penalties courtesy of the implementation of section 453 of the Companies Act 2006. All penalties have been increased to take into account inflation between 1992 and 2007. Furthermore, a faster rate of increase in penalties has been introduced for companies…

Loans to companies by directors

General rule All loans and quasi loans by a private company to a director need to be approved by shareholder resolution, but there are certain loans which shareholders don’t need to approve listed below. Quasi-loans are those where a director uses company’s credit facility for his or her own benefit. Provisions on directors loans to…

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