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Companies House: Change to company names examination policy PDF Print E-mail
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Written by Calum Haswell   
Thursday, 28 July 2011

From 1 September 2011 Companies House will no longer accept company names on documents submitted which contain minor variations or typographical errors.  This change of policy is to ensure that documents are entered onto the correct company record.


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Legal changes give small businesses better access to justice to protect rights PDF Print E-mail
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Written by Calum Haswell   
Friday, 17 June 2011

The Department for Business, Innovation and Skills has announced a new law, which came into force on 14 June, which gives small and medium sized businesses easier access to justice to protect their patent and design rights. This law places a damages cap of £500, 000 on claims made in the Patents County Court. This change means that small companies claiming damages up to this amount are less likely to face a potentially more expensive trip to the high court. Previously legal cases worth less than £500, 000 could have unknown levels of financial risk.

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Companies House lends support to StartUp Britain PDF Print E-mail
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Written by Calum Haswell   
Monday, 13 June 2011

Companies House has lent its support to StartUp Britain, a government initiative to encourage entrepreneurship in the UK. The government and Companies House see Start-ups and small firms as vital to economic recovery, with SMEs accounting for almost 60% of private sector jobs and 50% of private sector GVA. The StartUp Britain website has more information.

 

 

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FSA Remuneration Code consultation PDF Print E-mail
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Written by Calum Haswell   
Friday, 06 May 2011

The FSA has published a revised Remuneration Code for consultation. The code was revised to implement the requirements of the third Capital Requirements Directive (CRD3) and came into force on 1 January 2011. The revised Code covers a wide variety of firms, including investment banks, retail banks, building societies, asset management firms, stockbrokers, corporate finance firms and multi-lateral trading facilities.

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Corporate Law Group on Linked in PDF Print E-mail
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Written by Calum Haswell   
Thursday, 14 April 2011
Users of Company Law Forum may find the new Corporate Law Group on Linkedin useful.

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FRC Report: Annual Reports PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 12 April 2011

The Financial Reporting Council has published a new report. Cutting Clutter: Combatting Clutter in Annual Reports (pdf) is available on the FRC website and identifies the causes of clutter, outlining strategies for minimising it. Examples of clutter are explanatory information that is unchanged year to year and immaterial disclosures which hinder the identification of relevant information.

 

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EC Green Paper: The EU corporate governance framework PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 12 April 2011

 The European Commission has published a Green Paper on corporate governance in Europe. The Paper launches a public consultation, inviting views from citizens, organisations and public authorities, on ways of improving existing corporate governance mechanisms.

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FSA and HM Treasury joint consultation paper on covered bond regulation PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 12 April 2011

The Financial Services Authority (FSA) and HM Treasury (HMT) have published a joint review of the UK’s covered bond regulation. The review proposes a range of measures to build on the UK’s covered bond regime as well as providing an update on the UK's engagement with its international partners on other areas of policy which relate to covered bonds.

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Treasury and BIS publish Plan for Growth PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 29 March 2011
Following last week’s budget, HM Treasury and the Department for Business, Innovation and Skills (BIS) have published A Plan for Growth. This plan outlines the government’s policy objective to achieve “strong, sustainable and balanced growth that is more evenly shared across the country and between industries” and includes a range of implications in the realm of Corporate Governance.

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Consultation on roposed amendments to Takeover Code PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 29 March 2011
A new consultation has opened on proposed updates to the Takeover Panel’s Takeover Code.

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Increased lending to SMEs PDF Print E-mail
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Written by Calum Haswell   
Thursday, 17 March 2011
The government has announced commitments from UK banks on increased lending levels to small and medium sized businesses. Project Merlin, a discussion between the government and the UK’s biggest banks announced on 9 February 2011.

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BIS announce single competition authority PDF Print E-mail
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Written by Calum Haswell   
Thursday, 17 March 2011
The Department for Business, Innovation and Skills (BIS) has announced its plans for a single competition authority to boost growth and streamline processes for business. This proposal, ‘A Competition Regime for Growth: a consultation on options for reform’ would create a single Competition and Markets Authority by merging the competition functions of the Office of Fair Trading (OFT) with the Competition Commission (CC).

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EC to link business registers across Europe to stimulate cross-border trade and make savings PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 02 March 2011

The European Commission has adopted a proposal to interconnect business registers within the EU. The aim is to stimulate cross-border trade and make savings. The press release (html) and the full proposal (pdf) are available on the EC Europa website.

 

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BIS Report: Women on Boards PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 02 March 2011
The Department for Business, Innovation and Skills (BIS) has published a new report, Women on Boards, which looks at improving the gender balance of corporate boards. The report sets out the benefits of redressing this gender imbalance, discusses the current situation and challenges before making its recommendations.

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ICAEW guidance for directors on accounting records PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 02 March 2011

The Institute of Chartered Accountants in England and Wales (ICAEW) has published a new technical release Tech 01/11: Guidance for Directors on Accounting Records under the Companies Act (2006). This technical release is available on the ICAEW website and focuses on Section 386 of the Companies Act 2006 which obliges all companies to have accounting records satisfying the requirements set out in that section.

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Companies House updates guidelines Part 1 Annual Requirements - GP2 PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 02 March 2011

Companies House has updated its guidance on companies’ requirements on the filing of annual returns and accounts for UK companies (Life of a Company – Part 1 Annual Requirements – GP 2) under the Companies Act 2006. These guidelines are available on the Companies House website. These guidelines are relevant for company secretaries and directors and advisers to companies. These guidelines apply to annual returns made after 1 October 2009 or accounting periods after 6 April 2008.

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Corporate governance of retail firms PDF Print E-mail
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Written by Calum Haswell   
Thursday, 10 February 2011

The Financial Services Authority has published new guidance documents for retail firms, concerning their corporate governance. VThe guidance (pdf) summarises key points discussed by the FSA at seminars in autumn 2010 and is aimed at chairs and chief executives and is available on the FSA website.

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EC publish responses to green paper on Audit Policy PDF Print E-mail
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Written by Calum Haswell   
Thursday, 10 February 2011

The European Commission has published a summary of responses received to its recent green paper Audit policy: lessons from the crisis. The responses (pdf) are available on the Europa website along with the original green paper (pdf).

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Companies House guidelines: Registrar’s Rules and Powers – GP6 PDF Print E-mail
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Written by Calum Haswell   
Thursday, 10 February 2011

The Companies House Companies Act Guidance on Registrar’s Rules and Powers – GP6 has been updated on the Companies House website. The new guidelines, dated January 2011, are available in html and pdf format.

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Companies Act 2006 Evaluation PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 18 January 2011

The Department for Business, Innovation and Skills has undertaken a project to evaluate the outcomes of the Act and the consequences of regulatory changes for companies, shareholders and other stakeholders. The Companies Act Evaluation page Companies Act Evaluation page has further information.

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Proposed changes to FSA Listing Rules PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 18 January 2011

The Financial Services Authority’s newly published quarterly consultation paper (PDF) proposes changes to the Listing Rules.

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FRC discussion paper ‘Effective Company Stewardship: Enhancing Corporate Reporting and Audit’ PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 18 January 2011
The Financial Reporting Council (FRC) has published a new discussion paper entitled Effective Company Stewardship: Enhancing Corporate Reporting and Audit’. This paper (pdf) is available on the FRC website and sets out FRC recommendations on the matter.

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Businesslink offers tax guidance for new and small businesses PDF Print E-mail
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Written by Calum Haswell   
Thursday, 23 December 2010

Businesslink, the government’s free business advice service, is now offering a range of tax help for  new and small businesses  in the form of guides and videos . These guides and videos are available on the Businesslink site .

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FRC updates guidance on audit committees PDF Print E-mail
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Written by Calum Haswell   
Thursday, 23 December 2010

The Financial Reporting Council (FRC) has published an updated December 2010 Guidance on Audit Committees. The FRC Guidance on Audit Committees (formerly known as the Smith Guidance) was first published in 2003 and is intended to assist company boards when implementing the sections of the UK Corporate Governance Code dealing with audit committees and to assist directors serving on audit committees in carrying out their role.  The new guidance document (pdf) is available on the FRC website.

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BIS policy document: The path to strong, sustainable and balanced growth PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 07 December 2010

The Department for Business, Innovation and Skills has published The Path to strong, sustainable and balanced growth (PDF). This policy document sets out the government’s commitment to private sector growth, comprised of four parts:

  •  providing the stability business needs to plan and invest;
  • making markets more dynamic by removing barriers to growth wherever it can;
  • focusing the Government’s own activities on providing the conditions for private sector growth and investment;
  • and ensuring that strong growth is fairly shared and sustainable in the long term.

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Scotland Bill brings winding up and insolvency under rule of UK Parliament PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 07 December 2010
The Scotland Bill has been published with an explanatory note on the Parliament UK website . Clause 12 of the bill makes the UK Parliament solely responsible for aspects of law regarding winding up of companies.

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IoD Corporate Governance guidance for unlisted companies PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 24 November 2010
The Institute of Directors has launched its Corporate Governance Guidance and Principles for Unlisted Companies in the UK. This guide provides guidance for unlisted companies on the issues involved in designing an appropriate corporate governance framework. It also presents a set of governance principles that can be followed or not. This remains a voluntary decision of each unlisted company. The guide (pdf) is available on the IoD website.

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New government measures to help small and medium companies PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 24 November 2010

The government has announced plans to help small and medium sized business. Six steps are to be taken to assist businesses and encourage entrepreneurship:

 

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EC consultation on disclosure of non-financial information by companies PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 24 November 2010
The European Commission has announced a consultation seeking views on the existing non-financial information disclosure policy and possible proposals for new or revised legislative measures. The consultation document (html), which outlines the current situation and includes a questionnaire for responses, is available on the Europa website.

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FRC: Update for audit committees PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 23 November 2010
The Financial Reporting Council has published updated guidance for audit committees on issues arising from current economic conditions. The update (pdf) aims to influence the thinking and focus of audit committee work during the forthcoming annual reporting season by posing some key questions prompted by recent FRC analysis of the current reporting environment.

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EC Report: How the European Company Statute works for business PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 23 November 2010
The European Commission (EC) has published a report on the European Company Statute and how it works for business. The Statute gives companies operating in more than one Member State the option of establishing themselves as a single company under EU law, allowing companies to operate across the European Union with one set of rules. Such companies are known as Societas Europaea (SE). The report is part of the review process of the SE Regulation and sets out its positive and negative factors of SEs, highlights trends on their distribution and analyses the problems encountered setting up SEs. The report (pdf) is available on the EC website along with a working document (pdf), which supplements it.

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BIS on role of auditors PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 16 November 2010
The Department for Business, Innovation and Skills (BIS) has published its response (pdf) to the House of Lords Economic Affairs Committee’s call for evidence on the role of auditors and market concentration in the audit market (html). The response first sets out the department’s, and the government’s, roles in the present structure for statutory audit based on the Companies Act 2006. The document goes on to examine the present challenge in the aftermath of the financial crisis, the role of audit and the way forward.

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BIS publish Business plan 2011-2015 PDF Print E-mail
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Written by Calum Haswell   
Thursday, 11 November 2010
The Department for Business, Innovation and Skills has published its Business Plan 2011-15 (pdf) on the BIS website. The plan sets out the Coalition Government’s priorities and key deliverables for BIS. Builds on and incorporates the existing draft structural reform plan (URN 10/1086) published in July 2010. It includes the Department's vision, coalition priorities, structural reform plan, expenditure and transparency.

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BIS consultation: A long-term focus for corporate Britain PDF Print E-mail
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Written by Calum Haswell   
Monday, 01 November 2010

The department for business, innovation and skills has launched its review of the UK corporate governance framework with a consultation document. A long-term focus for corporate Britain: a call for evidence (pdf), available on the BIS website, provides an overview of issues in UK corporate governance and asks a number of questions of stakeholders, aiming to investigate issues such as short-termism, investor engagement, directors’ remuneration and the economic case for takeovers. The government invites responses to this consultation by 14 January 2011.

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BIS paper: Understanding local growth PDF Print E-mail
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Written by Calum Haswell   
Monday, 01 November 2010

The department for business, innovation and skills has published a paper entitled Understanding local growth. This paper sets out the policies this Government plans to put in place to ensure that local areas have the tools and incentives to maximise their potential for growth. The paper (pdf) is available on the BIS website.

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Companies Act 2006 (Transfer of Audit Working Papers to Third Countries) Regulations 2010 PDF Print E-mail
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Written by Calum Haswell   
Friday, 22 October 2010
The Companies Act 2006 (Transfer of Audit Working Papers to Third Countries) Regulations 2010 (SI 2010/2537), which amend the Companies Act 2006 and the Auditors (Delegation of Functions etc) Order 2008 (SI 2008/496), were laid before parliament on 20 October. The regulations come into force in part on 15 November 2010 and in full on 31 July 2013.

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LBRO report on business attitudes to regulation PDF Print E-mail
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Written by Calum Haswell   
Thursday, 21 October 2010

The Local Better Regulation Office (LBRO) has prepared and published a comprehensive report of business attitudes to regulation and its burdens. From The Business End of the Telescope - Perspectives on Local Regulation and Enforcement is available on the LBRO website. The report contains the input of 35 organisations, aiming to explore the ways in which a better understanding of the needs of business could improve outcomes and efficiency both for the regulators and those who are regulated, as well as consumers and communities.

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BIS resource budget to be reduced by 25 per cent PDF Print E-mail
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Written by Calum Haswell   
Thursday, 21 October 2010
The Department for Business, Innovation and Skills (BIS) will reduce its resource budget by 25 per cent over the course of the spending review period. The cut to capital spending by 2014-15 will be 44 per cent, accounting for anticipated receipts. The BIS administration budget will be reduced by 40 per cent, including savings from abolition of the RDAs.Announced reductions to key BIS activities include the ending of Train to Gain and replacing it with an SME focused training programme, English for Speakers of Other Languages (ESOL) funding for people not in settled communities, and the Regional Development Agencies will also be abolished in 2012.

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FRC publish updated UK Approach to Corporate Governance PDF Print E-mail
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Written by Calum Haswell   
Thursday, 21 October 2010

The Financial Reporting Council have published an updated version of its The UK Approach to Corporate Governance. The document is available on the FRC website (pdf).

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BIS launch review of proportion of women listed on company boards PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 12 October 2010
The Department for Business, Innovation and Skills has launched a call for evidence into the low proportion of women holding directorships in listed companies. This call for evidence takes the form of an online survey , closing on 30 November. The results of this survey will be taken into account in Lord Davies of Abersoch’s review into the obstacles that prevent more women from reaching senior positions in business. This review will be developed into a business strategy which will be published in February 2011.

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BIS announce review of corporate governance PDF Print E-mail
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Written by Calum Haswell   
Thursday, 30 September 2010
Vince Cable, the business secretary, has announced that the Government will carry out a comprehensive review into corporate governance and economic short-termism. This announcement follows the Takeover Panel's decision to look into the rules on takeovers, which Cable commends, and is part of a broader initiative alongside ongoing work into the shape of regulation and narrative reporting.

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The Companies (Disclosure of Address) (Amendment) Regulations 2010 PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 07 September 2010
The Companies (Disclosure of Address) (Amendment) Regulations 2010 were laid before parliament last week and come into force on 1 October 2010. The 2010 Regulations amend the Companies (Disclosure of Address) Regulations 2009 by including the Marine Management Organisation in Schedule 1. These Regulations are available here (html).

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Companies House annual report PDF Print E-mail
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Written by Calum Haswell   
Friday, 06 August 2010

The Companies House annual report (pdf) has been published on the Companies House website.

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APB Discussion Paper: Auditor scepticism: Raising the bar’ PDF Print E-mail
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Written by Calum Haswell   
Friday, 06 August 2010

The Auditing Practices Board (APB) of the FRC has published a discussion paper entitled ‘Auditor scepticism: Raising the bar’. The Discussion Paper emphasises the importance of scepticism to audit quality and draws on recent research to stimulate debate about what actions may be needed to ensure that the appropriate degree of scepticism is applied by auditors in practice. This paper (pdf) is available on the APB website and consultation closes on 31 October 2010.

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BIS Consultation on narrative reporting standards PDF Print E-mail
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Written by Calum Haswell   
Friday, 06 August 2010
The Department for Business, Innovation and Skills (BIS) has published a consultation on the future of narrative reporting standards. The consultation is part of implementing the Coalition Agreement commitment to "reinstate an Operating and Financial Review to ensure that directors' social and environmental duties have to be covered in company reporting and investigate further ways of improving corporate accountability and transparency". 

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Default Retirement Age to be scrapped in October 2011 PDF Print E-mail
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Written by Calum Haswell   
Thursday, 29 July 2010
The Default Retirement Age (DRA) will be abolished from 21 October 2011 under proposals published by the government. The new plans allow for a six month transition from the existing regulations, following the announcement in the Budget that the DRA would be phased out from April 2011. Currently employers can make staff retire at 65 regardless of circumstances. The aim is for people, living longer and healthier lives, to be encouraged to work longer.

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APB Draft Revised Guidance on Attendance at Stocktaking PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 06 July 2010

The Auditing Practices Board (APB) of the FRC has issued for comment a consultation draft of a revision of Practice Note 25 “Attendance at stocktaking.” The consultation period ends on 5 October 2010.

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Equality Act 2010 PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 06 July 2010

The Equality Act 2010 will be implemented from 1 October 2010. The Equality Act brings together nine separate pieces of existing legislation to simplify the law and make compliance easier for companies. Summary guides are available on the equalities.gov website.

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UK Stewardship Code PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 06 July 2010
The Financial Services Authority has published the first Stewardship Code for institutional investors following the publication in May of the updated UK Corporate Governance Code for listed companies.

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FRC and FSA joint discussion paper on auditors contribution to prudential regulation PDF Print E-mail
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Written by Calum Haswell   
Thursday, 01 July 2010

The Financial Reporting Council (FRC) and the Financial Services Authority have issued a joint discussion paper (PDF) in order to open debate on how the FSA, FRC and auditors can work together to enhance auditors’ contribution to prudential regulation.

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Regional Growth Fund announced PDF Print E-mail
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Written by Calum Haswell   
Thursday, 01 July 2010
The Deputy Prime Minister, Nick Clegg, has announced the launch of a Regional Growth Fund. The fund is intended to assist communities most at risk of public sector spending cuts and encourage public sector growth in these areas. Private bodies and public-private partnerships will be able to bid for funding by demonstrating that their proposal will bring in private investment and support increases in private sector jobs.

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New poll: Do you believe the impact of the recession is over for your business? PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 June 2010

Our new poll is now online. You will see it in the sidebar to the right of this page. 

 

For your company, is the impact of the recession over? Is your company back to pre-recession trading? Are things improving? Or are things getting worse? You can discuss this in more detail in our forum.

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Government action plan to end excessive regulation PDF Print E-mail
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Written by Calum Haswell   
Thursday, 03 June 2010
Business Secretary Vince Cable has announced an action plan to bring an end to excessive regulation, following the Prime Minister’s commitment to “re-opening Britain for Business”.

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European Transparency Directive - report and consultation PDF Print E-mail
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Written by Calum Haswell   
Thursday, 03 June 2010
The European Commission has opened consultation on its Directive on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market (2004/109/EC). This consultation document (pdf) has been published on the Europa site with a report (pdf). The consultation document is the basis for a public consultation on possible ways forward to modernise the transparency regime for listed companies. Consultatation is open until 23 August 2010.

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The Corporate Governance Code PDF Print E-mail
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Written by Calum Haswell   
Friday, 28 May 2010
The Financial Reporting Council (FRC) has published its Corporate Governance Code, its revised and renamed Combined Code. This Code sets out standards of good practice in relation to board leadership and effectiveness, remuneration, accountability and relations with shareholders.

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Operating and Financial Review to return PDF Print E-mail
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Written by Calum Haswell   
Friday, 28 May 2010

The coalition government has announced its intention to reinstate an Operating and Financial Review, to “ensure that directors’ social and environmental duties have to be covered in company reporting, and investigate further ways of improving corporate accountability and transparency”.

 

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FRC Combined Code: company directors to face annual election PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 26 May 2010
The FRC will publish the first part of its overhauled Combined Code, based on Sir David Walker's Review, next week. The revised code, known as the UK Code of Corporate Governance, is due to be published on Friday 4 June.

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ICSA Board Performance Evaluation PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 28 April 2010
An ICSA Review of the board evaluation processes of the top 200 listed companies in the UK has been published on the ICSA site. This review reports:

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Updated Takeover Code PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 21 April 2010
The Takeover Panel has published an updated version of its Takeover Code. This updated Takeover Code takes in amendments adopted in Response Statement 2009/1 (“Extending the Code’s disclosure regime”) and made by Instrument 2009/6. The updated code is available on the Takeover Panel website.

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Additional guidance on restoration to the register of companies PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 30 March 2010

Companies House has published additional guidance on Section 1024 of the Companies Act 2006. Administrative restoration is where a company was dissolved because it appeared to be no longer carrying on business or in operation, a former director or member applies to the registrar to have the company restored to the register.

http://www.companieshouse.gov.uk/about/miscellaneous/administrativeRestoration.shtml

 

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Responses to review of FRC Combined Code PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 30 March 2010

Following a consultation on its report and recommendations published in December, the Financial Reporting Council has published responses from companies. These responses are available to view individually on the FRC website.

http://www.frc.org.uk/corporate/2009DecConsultationamendments.cfm

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European Commission consultation on European Company Statute (SE) PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 30 March 2010
The European Company Statute (SE) was launched five years ago and enables companies operating in more than one Member State reorganisation of their cross-border business under one European label. The purpose of this statute is to enable companies to work within one stable legal framework and to reduce costs and be more competitive.

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ICSA responds to Combined Code PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 23 March 2010

The Institute for Company Secretaries and Administrators (ICSA) has published its response to the FRC Combined Code’s recommendations. ICSA is generally supportive of the draft code and its approach but express reservations on the issue of reelection of directors. The response (pdf) to the recommendations (html) are available on the ICSA website.

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Companies House revised guidance booklets PDF Print E-mail
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Written by Calum Haswell   
Thursday, 11 March 2010

Companies House has published updated guidance booklets for the use of company secretaries, directors and advisers.  GP4 - Strike Off, Dissolution and Restoration and GPLLP3 - Limited Liability Partnership Strike Off, Dissolution and Restoration are available on the Companies House website (html).

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Corporation Tax Act 2010 PDF Print E-mail
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Thursday, 11 March 2010

Corporation Tax Act 2010 has now been published on LexisLibrary (subscription required) and OPSI .

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ICSA review of Higgs Guidance (Combined Code) PDF Print E-mail
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Thursday, 11 March 2010
The Financial Reporting Council (FRC) commissioned ICSA (Institute of Chartered Secretaries and Administrators) to undertake a review of the Higgs guidance (Good Practice Suggestions from the Higgs Report, last reissued in 2006). As part of this remit, the FRC has asked ICSA to consider whether additional and consider whether additional guidance should be given on a number of issues relating to board effectiveness .

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Consultation on review of Takeover Panel Takeover Code PDF Print E-mail
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Written by Calum Haswell   
Thursday, 11 March 2010
The Takeover Panel Committee has announced that in light of recent commentary and public discussion, and suggestions for consideration from the Secretary of State for Business, Innovation and Skills and others, it will initiate a consultation to consider whether certain Code provisions and the timetable for determining the outcome of offers could usefully be improved. The Takeover Panel Code Committee intends to publish a public consultation paper on these matters as soon as practicable. 

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Jackson Costs Webcast Highlights on YouTube PDF Print E-mail
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Written by Calum Haswell   
Monday, 08 March 2010
View the highlights from the Jackson Costs Webcast that took place on 14th January. Professor Dominic Regan, a leading authority on civil procedure and costs, chaired this free webcast. Filmed directly after Jackson LJ's official press conference, it gives:

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Companies House revised guidance booklets PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 16 February 2010

Companies House has published updated guidance booklets for the use of company secretaries, directors and advisers. GP2 – Life of a company and GP06 – The Europeaan Company are available on the Companies House website (html).

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Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No 2) Order 2010 PDF Print E-mail
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Written by Calum Haswell   
Friday, 12 February 2010

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No 2) Order 2010 was made on 9 February and is available on the OPSI website. The Order brings into force Section 10 of the Act on 15 February.

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Guidance for Regulatory and Prosecuting Authorities PDF Print E-mail
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Tuesday, 09 February 2010

Companies Act 2006, Section 508 Guidance for Regulatory and Prosecuting Authorities in England, Wales and Northern Ireland Offences in Connection With Auditors' Reports (Section 507)


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FSA consultation paper on effective corporate governance PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 02 February 2010

The Financial Services Authority has published a consultation paper: Effective corporate governance (Significant influence controlled

functions and the Walker review). This consultation paper sets out a new framework of classification of controlled functions and other changes to the approved persons regime. The document sets out guidance for non-execitive Directors, details of the FSA’s more intrusive approach and proposes implementation of some Walker review recommendations.

 

The consultation paper (PDF) is available on the FSA website.

 

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Unanswered questions from our forums PDF Print E-mail
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Thursday, 28 January 2010

The following topics are awaiting replies in our forums.

 

 

Business rates liability

Misappropriated funds

AGM frequency requirements

 

Directors salary dispute

 

PLC selling subsidiary

 

 

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ICAEW Audit Firm Governance Code PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 19 January 2010
The Institute for Chartered Accountants in England and Wales (ICAEW) has published The Audit Firm Governance Code, which applies to eight audit firms that together audit about 95% of the companies listed on the Main Market of the London Stock Exchange. The code aims to set a benchmark for good governance which other audit firms may wish to voluntarily adopt in full or in part. 

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Updated forms at Companies House: SH03, 0S CH03, OS NM01 and IN01/c PDF Print E-mail
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Wednesday, 13 January 2010
Companies House will be updating some of the new company forms. The new forms will be available from 1 February 2010.

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Companies Act 2006 (Substitution of Section 1201) Regulations 2009 PDF Print E-mail
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Written by Calum Haswell   
Monday, 14 December 2009

The Companies Act 2006 (Substitution of Section 1201) Regulations 2009 replace section 1201 of the Companies Act 2006 (c.46) to ensure that this provision complies with Article 16 (freedom to provide services) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, page 36).

 

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Pre-budget report 2009 PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 09 December 2009
The chancellor of the exchequer, Alistair Darling, has announced his pre-budget report 2009, ahead of the next budget. The following announcements may be of interest to those who follow company law, or to company directors and company secretaries:

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FRC Consultation: changes to the combined code PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 02 December 2009

The Financial Reporting Council (FRC) has published a final report on its 2009 review of the Combined Code on Corporate Governance. A consultation document accompanies the final report,  setting out proposed changes to the code and inviting comment. Consultation is open until 5 March 2009.

 

Final report

 

Consultation document

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BIS Consultation: Notices of auditors leaving office PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 01 December 2009
The Department for Business, Innovation and Skills has published a consultation paper proposing the simplification of the arrangements for the provision of information when an auditor leaves office.

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BIS consultation: Objecting to a registered office address PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 01 December 2009
The Department for Business, Innovation and skills is inviting views on changing the law to reduce the risk of companies incorrectly using the addresses of other businesses or private individuals as their registered office address and set out a process for third parties to challenge the information on the register. Consultation is open until Tuesday, 19 January 2010. 

http://www.berr.gov.uk/consultations/page53697.html

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BIS Report: Provision of growth capital to UK SMEs PDF Print E-mail
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Written by Calum Haswell   
Thursday, 26 November 2009
The department for Business, Innovation and Skills (BIS) has published an independent report by Chris Rowlands on the provision of risk/ growth capital in the UK for small and medium sized enterprises (SMEs). The report considers whether and in what form intervention might help increase the supply of long term growth capital to SMEs.

http://www.berr.gov.uk/files/file53698.pdf

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Consultation on Statements of capital in Companies Act 2006 PDF Print E-mail
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Thursday, 26 November 2009
The government department for Business, Innovation and Skills (BIS) has issued a consultation document, opening a consultation period on statements of capital in the Companies Act 2006. The document sets out proposals for amending the requirements. The idea behind the amendments is to balance the interests of the third party obtaining information with the cost to the company of supplying the information.http://www.berr.gov.uk/consultations/page53695.html

 

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Treasury/ HMRC consultation paper: associated company rules and small companies’ corporation tax PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 11 November 2009

HM Treasury and HMRC have published a consultation document outlining options for the reforming the associated company rules as they apply to the small companies’ rate of corporation tax. The consultation is undertaken in order to understand whether the option presented would benefit business by providing a more targeted test to establish those companies that form an economic whole and thus whose profits should be considered collectively in establishing the rate of corporation tax that applies to them.

 

Consultation opened on 29 October 2009 and closes on 22 January 2010.

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EC green paper: consultation on access to company registers PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 11 November 2009

The European Commission has published a green paper which launches a consultation on access to company registers in the EU. The green paper argues for the importance of enhanced cooperation of business registries, aiming to improve access to information and to strengthen cooperation between business registers in cross-border procedures.

 

The green paper can be found on the IPEX website.

 

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Butterworths The Companies Act 2006 conference PDF Print E-mail
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Written by Calum Haswell   
Friday, 30 October 2009

With the Companies Act now in force in its entirety, this conference will examine the latest provisions in detail and guiding you through the changes to the memorandum and the new model articles.  

 

Tim Moss, Director of Corporate Strategy, will be providing an overview of the changes in rules and functions happening at Companies House and Alan Buchanan, Company Secretary, BA will be offering his personal insight into the impact of the Act to date.

 

For more information please visit: www.conferencesandtraining.com/companies-act

 

 


 

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Consultation on OECD guidelines for multinational enterprises PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 28 October 2009

A consultation period has opened on the OECD guidelines, recommendations on responsible business conduct addressed by Governments to multinational enterprises operating in or from their territories. The UK consultation is open to stakeholders on the priority areas for an update of the OECD Guidelines for multinational enterprises in order to identify options for possible technical or more substantive updates of the text of the OECD Guidelines and Commentaries.

 

The consultation document is available on the BERR website. Consultation is open until 25 January 2010

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FRC guidance for directors on going concerns PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 20 October 2009
The Financial Reporting Council (FRC) has published updated guidance for directors of UK companies to assist in making assessments of going concern. This guidance is based on three principles covering   
  • the process directors should follow when assessing going concern,
  • the period covered by the assessment
  • and the disclosures on going concern and liquidity risk.
Full details can be found on the FRC website: www.frc.org.uk/press/pub2141.html.

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ICAEW launches new web resource on publication of clarified ISAs PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 20 October 2009
ICAEW has launched a new web resource to assist practitioners with the December move to international standards on auditing (ISAs) for adoption in the UK. The new site, www.ISAaudit2010.com, includes news, links and other relevant information to help auditors plan for implementation.

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APB Issues new ISAs PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 14 October 2009
The Auditing Practices Board has issued: 
  • 33 new International Standards on Auditing (UK and Ireland) (ISAs (UK and Ireland));
  • A new International Standard on Quality Control (UK and Ireland) 1 (ISQC (UK and Ireland) 1); and
  • A revised Statement of the Scope and Authority of APB Pronouncements.
 

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Companies Act 2006 final implementations PDF Print E-mail
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Written by Calum Haswell   
Friday, 02 October 2009

The final implementations of the Companies Act 2006 have now come into force. Key provisions of the Companies Act 2006 include:

  • Creating separate and simpler model Articles of Association for small companies, reflecting how they operate
  • Enabling greater use of electronic communications with shareholders therefore avoiding unnecessary cost and time consuming administration
  • Making it an offence to carry on business in the UK under a name that gives so misleading an indication of the nature of the activities of the business as to be likely to cause harm to the public. 

     

 

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Companies Act 2006 Transitional Provisions PDF Print E-mail
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Written by Calum Haswell   
Wednesday, 30 September 2009
The Companies House website has put together a useful table listing transitional provisions of the Companies Act 2006 for the most commonly filed types of forms and documents at Companies House. http://www.companieshouse.gov.uk/companiesAct/transitionalProvisions.shtml

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The Legislative Reform (Limited Partnerships) Order 2009 PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 September 2009
The Legislative Reform (Limited Partnerships) Order 2009, coming into force on 1 October 2009, applies to all limited partnerships, many of which are investment funds. The order clarifies and modernises the law on limited partnerships in line with recommendations of the Law Commission. 

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The Companies Act 2006 (Index of Company Names and Consequential Provisions relating to Limited Part PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 September 2009
The Companies Act 2006 (Index of Company Names and Consequential Provisions relating to Limited Partnerships Act 1907) Order 2009 come into force on 1 October 2009 and apply to all limited partnerships, including investment funds. These regulations bring aspects of limited partnership law on names and registration into line with company law as in the Companies Act 2006.

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The EEIG and SE (GB) (Fees) Revocation Regulations PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 September 2009
The EEIG and SE (GB) (Fees) Revocation Regulations come into force on 1 October 2009. This revocation allows for the fees for the receipt of documents delivered to the Registrar, and for the inspection or provision of copies of these documents, relating to SEs and EEIGs, to be applied through the Registrar of Companies (Fees) (LPs, Newspapers, SEs and EEIGs) Regulations.

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The Registrar of Companies (Fees) (LPs, Newspapers, SEs and EEIGs) Regulations 2009 PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 September 2009
The Registrar of Companies (Fees) (LPs, Newspapers, SEs and EEIGs) Regulations 2009 come into force on 1 October 2009 and apply to Limited Partenerships (LPs), Newspapers, European Economic Interest Groupings (EEIGs) and European Public Companies (Societas Europaea). The provisions in this legislation set fees for the receipt of documents delivered to the Registrar, and the inspection or provision of copies and will mean no practical changes to the day-to-day running of EEIGs and SEs.

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The Companies (Creditor Protection and Treasury Shares) Regulations PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 September 2009

The Companies (Creditor Protection and Treasury Shares) Regulations come into force on 1 October 2009 and implement the amendments to the Second Company Law Directive:  

 Amend creditor protection provisions when companies reduce their capital, so that creditors objecting to the reduction will be required to demonstrate that their claim is at stake and the company has not provided adequate safeguards;  

 Provide an option for companies to be authorized for a period of up to 5 years to purchase and hold their own shares up to the limit of distributable reserves (profits);  

 Reduce the current 21 day period of notice given to existing shareholders when companies issue new shares to raise capital to 14 days

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The Companies (Model Articles) Regulations 2008 PDF Print E-mail
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Written by Calum Haswell   
Monday, 28 September 2009
The Companies (Model Articles) Regulations 2008 apply to private companies limited by shares, or by guarantee, and public companies who are incorporating on or after 1 October 2009. These regulations set out articles of association for these three types of company.

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The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 PDF Print E-mail
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Written by Calum Haswell   
Monday, 21 September 2009
The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 Apply as appropriate the remaining provisions of the Companies Act 2006 (non-account and audit) to Limited Liability Partnerships. These regulations come into force on 1 October 2009.

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The Companies (Company and Business Names) (Sensitive Words and Expressions) Regulations 2009 PDF Print E-mail
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Written by Calum Haswell   
Monday, 21 September 2009
 The Companies (Company and Business Names) (Sensitive Words and Expressions) Regulations 2009 List words and expressions for which the Secretary of State’s approval is required before their use in a company’s registered name or any business name. These regulations come into force on 1 October 2009.

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The Overseas Companies (Execution of Documents Registration of Charges) Regulations 2009 PDF Print E-mail
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Written by Calum Haswell   
Thursday, 17 September 2009
The Overseas Companies (Execution of Documents Registration of Charges) Regulations 2009 come into force on 1 October and set out the requirements to register changes to any overseas company only if it has complied with the requirement to register an establishment (and has not subsequently closed all of its UK establishments).

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The Companies (Unregistered Companies) Regulations 2009 PDF Print E-mail
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Written by Calum Haswell   
Tuesday, 15 September 2009
The Companies (Unregistered Companies) Regulation 2009 set out the new UK regime for overseas companies that operate their business in the UK. The regulations set out how such companies should comply with EU and UK regulation and the information they should share with the Registrar of Companies.

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