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Winding up – capital or income?

Important changes in the taxation of capital received on a winding up come into effect on 6 April 2016. As a result, taxpayers may want to consider winding up or declaring substantial dividends before that date.

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Execution – ex-director?

What happens if a document is signed by a director, but that person is no longer a director by the time the document is dated and the transaction completed? Has the document been validly executed under CA 2000?
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Companies – significant control

Very few companies seem to be ready for the introduction of the new rules on disclosure of people with significant control (PSCs), on 6 April 2016. The rules apply to virtually all companies (save listed and AIM companies) and also to LLPs.
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Consumer – and non-consumer

The Consumer Rights Act 2015 creates a powerful new set of rights for ‘consumers’. But, it is important to remember that in non-consumer transactions the existing statutory regime applies. Accordingly, businesses that deal with both consumers and non-consumers need to ensure that their contractual terms and conditions cover both sets of customers.

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Penalties – drafting

As we noted in the December 2015/January 2016 issue (p19) the Supreme Court has given an important decision on penalty clauses in contracts:

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Agents – compensation or indemnity?

Many commercial agency contracts have termination provisions which say that the agent will get the lesser of an indemnity payment or compensation. But, will such a provision be valid?

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Copyright – private copying

Private copying is (once again) unlawful.

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Consumers – online dispute resolution

 A pan-EU electronic platform will come into operation on 15 February 2016. It provides an online dispute resolution service for online shops and their ‘consumer’ customers.

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Logbook loans – bills of sale

 A bill of sale can be taken over any item. By far the most common these days is the logbook loan (about 50,000 are taken each year).

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Penalties – commercial cases

This flowchart gives a simple guide to how the new penalty rules should apply in complex commercial damages cases. Bear in mind that property transactions will often be more straightforward. 

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