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In this issue: EU fundamentals Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission releases March 2024 infringements package The European Commission has unveiled its March 2024 infringements package, highlighting EU Member States it is pursuing for breaches of EU law. It is sending letters of formal notice, issuing reasoned opinions and making referrals to the Court of Justice against Member States including Germany, Spain, Bulgaria, Cyprus, Slovenia, Ireland, Greece, Italy, Hungary, Portugal, Romania, Slovenia, Sweden, Finland, Latvia, Luxembourg, Poland, Netherlands and Croatia, for infringements spanning the environment, internal market, industry, entrepreneurship and small and medium-sized enterprises (SMEs), migration, home affairs and security union, justice, energy and climate, and mobility and transport. See: LNB News 13/03/2024 51. Council of the EU allows EU to...
In this issue: Wills Probate Court of Protection Spouses, civil partners and cohabitants UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Wills Will declared invalid for want of knowledge and approval (Ugolor v Ugolor) The Chancery Division determined a challenge to a homemade Will said to have been executed by Pamela Ayodele Festous (the Deceased) on 21 March 2008 (the Purported Will). It found against the Purported Will’s validity for want of knowledge and...
Share allotments are regulated by the Companies Act 2006 (CA 2006). The applicable requirements differ according to the nature of the company proposing the allotment, and in each case depend on whether there is a single class of shares or multiple classes in issue. In addition to the relevant statutory provisions, any proposed allotment of shares within a company requires careful consideration of the following: the company’s articles of association; and whether the concept of authorised share capital remains pertinent to the company The concept of authorised share capital should not be confused with the separate obligation on public companies to maintain an authorised minimum allotted share capital; for guidance on this, see the section on Additional requirements for public companies in Practice Note: Incorporating a company. For more detailed information on share allotments across different company types, see Practice Notes: Allotment and issue of shares—private companies with one class of shares; Allotment and issue of shares—private companies with more than one class...
Directive (EU) 2019/882, also known as the European Accessibility Act (the EAA) Adopted across the EU in April 2019, this is a significant piece of legislation shaped by a marketplace increasingly seeking accessible products and services, and by a rising number of citizens with disabilities—a consequence of longer life spans. The EAA is grounded in the UN Convention on the Rights of Persons with Disabilities (UNCRPD), the first international, legally binding instrument to set minimum standards for the rights of disabled people. It sits within the Strategy for the Rights of Persons with Disabilities 2021–2030, which seeks to enhance the lives of persons with disabilities in Europe and worldwide, building on the European Disability Strategy 2010–2020. The EAA was initially proposed to complement Directive (EU) 2016/2102, the EU Web Accessibility (adopted in 2016 to make public-sector websites and mobile applications more accessible), and to harmonise EU standards to reduce barriers for developers of accessibility-related products and services. For more information, see Practice Note: Website accessibility in the EU. However,...
1. What is the applicable legislation? South Africa does not have a single, overarching statutory scheme governing foreign direct investment (FDI). Below is a non-exhaustive overview of key legislation relevant to FDI in South Africa: Protection of Investment Act 22 of 2015, as amended Competition Act 89 of 1998 (Competition Act 1998) Companies Act 71 of 2008 (Companies Act) Companies Amendment Act 16 of 2024 and the Companies Second Amendment Act 17 of 2024 (Companies Amendment Acts 2024) Companies Regulations, 2011 issued under the Companies Act 2008 (Companies Regulations 2011), and GNR.1111 of 1 December 1961: Regulations made under the Currency and Exchanges Act 9 of 1933 and, in relation to each of the above, as amended 2. Which government or other body (or bodies) reviews foreign investments? The South African Reserve Bank (SARB) is the primary authority responsible for safeguarding the value of South Africa’s currency. Acting as the regulator under the exchange control regulations, it...
This Agreement is entered into on [ date ] Parties [ insert name of SaaS Supplier company ], a company registered in [ England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert registered office ] (the SaaS Supplier); and [ insert name of reseller company ], a company registered in [ England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert registered office ] (the Reseller). Each of the SaaS Supplier and the Reseller constitutes a party, and collectively the SaaS Supplier and the Reseller are the parties. Background (A) The SaaS Supplier intends to appoint the Reseller as an authorised reseller for certain of its online software applications within the United Kingdom. (B) The Reseller agrees to promote and supply the SaaS Supplier’s online software applications in accordance with this Agreement...
The Finance Act 2004 (FA 2004) sets conditions for pensions and lump sums to be authorised payments. Under FA 2004, a member’s pension from a registered pension scheme must not begin before they reach the normal minimum pension age, unless the ill-health condition is met. In the same way, most lump sums are not payable before that age. The normal minimum pension age was 50 when FA 2004 took effect on 6 April 2006, rose to 55 from 6 April 2010, and will increase to 57 from 6 April 2028, excluding uniformed services pension schemes (army, navy, air force, police and firefighters). Transitional provisions preserve members’ subsisting rights to draw scheme benefits before age 55; this is referred to as a protection pension age. The Pensions Tax Manual confirms that, to hold a protected pension age, the member must have an unqualified right to receive benefits before the normal minimum pension age, i.e. not dependent on another person’s consent (PTM062210)...