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Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...
Notice of general meeting or annual general meeting—checklist Who is entitled to receive notice of general meeting or annual general meeting? Notice of the general meeting (GM) or annual general meeting (AGM) must be sent to: • every member of the company, ie those appearing on the register of members (including those entitled to a share in consequence of the death or bankruptcy of a member, if the company has been notified of their entitlement) • every director of the company, and • the company’s auditors Check the company’s articles in particular for provisions relating to: • giving notices to joint, untraceable or overseas shareholders, and • cut-off dates by which time a member needs to be registered on the register of members to receive a notice. Where a company's shares are held in CREST, a member must be registered in the register of members at least 21 days before the date the notice is sent Form of notice Notice of a GM must be given: • in hard copy...
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Ongoing filing obligations and trading disclosures of a limited liability partnership A limited liability partnership (LLP) is a body corporate which is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000). The majority of law applicable to LLPs is actually modified company law rather than partnership law (see Practice Note: The nature of a limited liability partnership and its legal framework). The requirements for an LLP's ongoing filing obligations and trading disclosures are set out in the LLPA 2000 and the Companies Act 2006 (CA 2006), as modified and applied by certain statutory instruments. The key statutory instruments are: • the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (LLP (Application of CA 2006) Regs) • the Limited Liability Partnerships (Application of Companies Act 2006) (Amendment) Regulations 2013 (LLP (Application of CA 2006) (Amendment) Regs) • the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (LLP (PSC) Regs), as amended by The Information about People with Significant Control (Amendment) Regulations...
Legal and regulatory developments in Equity Capital Markets 2019 Background and approach This review looks at legal and regulatory developments in the sphere of equity capital markets (ECM) in 2019 and forms part of our annual trend report which aims to provide insight into the current dynamics of ECM activity in the UK. The other parts of our 2019 trend report comprise: • IPOs in 2019—Main Market and AIM • Secondary Offers in 2019—Main Market and AIM • Standard listings in 2019 • Risk factor disclosure in 2019 IPOs Brexit The UK entered an implementation period on 31 January 2020 during which existing EU laws continue to apply to the UK. The listing, prospectus and transparency regimes that apply in the UK (and are largely derived from EU law) continue to apply in the implementation period in the same way as before Brexit. However, UK representatives will no longer be permitted to participate in EU institutions and other bodies. The Financial Conduct Authority (FCA) is therefore no longer...
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Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...
Proxy form—AGM—listed public company [insert company name] PLC (the Company) Form of proxy — annual general meeting Before completing this form please read the explanatory notes I/we, Name of shareholder(s) [insert name(s)] In the case of joint shareholders, the names of all joint holders should be shown [insert any investor code] being a member / members of the Company, appoint Name of proxy ..................................................................................................................................................(complete in block capitals) Tick this box if this proxy appointment is one of multiple appointments ..................For the appointment of more than one proxy, please refer to note 3. number of Shares to which this proxy relates .................................................................................................................Leave blank if you are only appointing one proxy in respect of all your shares or, if no one is named in the box as proxy, the chair of the meeting, as my/our proxy to exercise all or any of my/our rights to attend and speak for me/us and on my/our behalf[, whether in person or remotely via electronic means,] at...
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Can management accounts be used by a private limited company to establish that it has sufficient distributable profits to finance a share buyback? Under section 692 of the Companies Act 2006 (CA 2006), a share buyback carried out by a private company limited by shares must be financed: • out of its distributable profits • out of the proceeds of a fresh issue of shares made for the purpose of such financing • out of capital in accordance with CA 2006, Pt 18, Ch 5 (CA 2006, ss 709–723), after it has applied for the purpose of the buyback, and exhausted, any distributable profits and the proceeds of any fresh issue of shares made for the purpose of such financing • out of capital under CA 2006, s 692(1ZA) up to an aggregate purchase price in a financial year not exceeding the lower of £15,000 or the nominal value of 5% of its fully paid share capital as at the beginning of the financial year (such...
What was the directors’ remuneration reporting regime (financial years ended before 30 September 2013)? This Q&A considers key elements of the directors’ remuneration reporting regime prior to 1 October 2013 and the legislative amendments that changed the regime. Background to the reforms Fundamental changes to the directors' remuneration reporting regime came into force on 1 October 2013. The Enterprise and Regulatory Reform Act 2013 (ERRA 2013) introduced a new reporting regime and shareholder voting requirements for quoted companies for accounting periods ending on or after 30 September 2013 (2013 regime). At the same time, the Large and Medium-sized Companies and Groups (Accounts and Reports) (Amendment) Regulations 2013, SI 2013/1981 (2013 Regulations) revoked and replaced Schedule 8, introducing a new format and a completely rewritten set of disclosure requirements for remuneration reports. ERRA 2013 and the 2013 Regulations made significant changes to the disclosure of how executive remuneration is structured and the company's decision-making process. The new disclosure requirements apply for financial years ending on or after 30 September...
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Law360, London: On 27 September 2024, Companies House, established in 1844 as the UK's register of all UK companies, published updated enforcement policy guidance for the first time in nearly ten years.
This week's edition of PI & Clinical Negligence weekly highlights includes Health and Safety Executive guidance on using nitrous oxide in maternity wards and a report by NHS Resolution recommending risk assessments to combat workplace violence. We also bring you a Guidance Note by Senior Master Cook to facilitate preparation for cost management hearings in the KBD, involving high-value personal injury and clinical negligence claims. In addition, we have our usual round up of other news and New Law Journal articles of interest.
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