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Personal Liability United Kingdom

BCLP

UK Corporate Briefing - August 2024

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Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue we discuss...more

BCLP

Caught in the crosshairs: How the PRA’s new Early Account Scheme impacts individuals

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The Prudential Regulation Authority (“PRA”) has kicked-off 2024 by crystallising its new approach to enforcement. The key change is the introduction of the Early Account Scheme (“EAS”), which provides a mechanism for the...more

Latham & Watkins LLP

10 Key Focus Areas for UK-Regulated Financial Services Firms in 2024

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In this publication, we explore some of the core focus areas for UK-regulated financial services firms in the year ahead. 2023 saw significant progress on the regulatory reform agenda, and many measures consulted on or...more

Latham & Watkins LLP

Food for Thought: Individuals Remain in SFO’s Sights as Four From Patisserie Valerie Charged With Fraud

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Individuals continue to face risk from prosecutions for economic crime, despite media focus on corporate criminal liability reforms. Four individuals have today appeared at Westminster Magistrates’ Court charged with fraud...more

A&O Shearman

Personal Liability of Directors for Climate Strategy: Landmark Case against Energy Company Board

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In a potentially precedent-setting case, 11 directors of global energy company Shell Plc (formerly Royal Dutch Shell Plc) are being sued in their personal capacity over the company’s energy transition strategy. The claim,...more

Katten Muchin Rosenman LLP

Directors' Duties Under English Law — How to Lead in Difficult Times

Elon Musk recently said he has a "super bad feeling" about the economy, pithily declaring what most financial commentators have been predicting in more technical terms....more

Latham & Watkins LLP

Senior US DOJ Official Sets Forth New Priorities for Pursuing Corporate Crime

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The priorities will impact non-US companies who may face a US DOJ with a renewed emphasis on combating corporate crime. In a recent speech that has garnered significant attention, the Deputy Attorney General of the...more

A&O Shearman

The Corporate Insolvency and Governance Act 2020

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The Corporate Insolvency and Governance Act (the Act) entered into force on 26 June 2020. The Act represents the most significant reforms to the insolvency framework in the United Kingdom since, at least, the widespread...more

Morrison & Foerster LLP

Buying Insolvent UK Companies Post COVID: Ten Top Tips For PE Investors

Many investors, including PE firms, are waiting with bated breath to see how the UK economy, currently dependent on COVID-19-related government support, will respond once that stimulus is withdrawn. An increase in UK company...more

American Conference Institute (ACI)

[Event] Anti-Corruption London - November 2nd - 3rd, London, United Kingdom

C5's 15th International Conference on Anti-Corruption London will take place November 2 – 3, 2021 in Millennium Hotel London Knightsbridge, London. Join your peers for the IN-PERSON reunion of the legal and compliance...more

Hogan Lovells

Second Suspension of liability for Wrongful Trading

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On 26 November 2020, the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of Liability for Wrongful Trading and Extension of the Relevant Period) Regulations 2020 (the “Regulations”) came into force....more

Goodwin

Potential Personal Liability Of UK Directors For Company Debts

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This bulletin is of particular interest to our clients and contacts who are directors of UK companies which face liquidity issues. Directors (including shadow directors) can be liable for the debts of their companies when...more

BCLP

Corporate Insolvency and Governance Act 2020 - what does it mean for landlords?

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The Corporate Insolvency and Governance Act 2020 was passed on 25 June 2020. The legislation has been in contemplation for a number of years, and has implemented a significant reform to the UK's restructuring and insolvency...more

A&O Shearman

A New Restructuring Plan

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For over a century, U.K. company law has enabled a company to propose, to its creditors or shareholders, a compromise or arrangement of their rights which, if approved by the requisite majority and then by the court, is...more

Goodwin

UK Corporate Insolvency and Governance Act 2020 Brings Significant Changes to Law

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The Corporate Insolvency and Governance Act 2020 received royal assent on 25 June 2020. Many of the provisions of the act are based on the bill which was initially proposed pre-COVID-19, with a framework having been set out...more

Dechert LLP

COVID-19 Coronavirus Business Impact – proposed Coronavirus Job Retention Scheme taxation and clawback regime announced

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In this OnPoint we report on the UK Government’s recently announced consultation on the taxation and clawback regime which will apply in relation to grants made to employers under the Coronavirus Job Retention Scheme (“the...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Finance & Restructuring – Suspension Of Wrongful Trading And Protecting Directors From Personal Liability – Insight

Note: This Insight has been updated since originally published on March.24.2020 with the title "COVID-19 - Protecting Directors from personal liability during uncertain times". We are amid a black-swan event that is...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Directors COVID-19 Update

As the coronavirus/COVID-19 crisis deepens, U.K. businesses are facing significant challenges. Many companies are having to react to mandatory operating restrictions, dramatic drops in demand, strained liquidity and...more

BCLP

Covid-19: Wrongful Trading

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For directors of companies facing financial difficulties, the wrongful trading regime can be front of mind, given the exposure to risk of personal liability....more

Akin Gump Strauss Hauer & Feld LLP

In Principle: 10 Things Authorised Firms Need to Know for 2020

Welcome to the 2020 edition of In Principle. With the United Kingdom (UK) leaving the European Union (EU) on31 January 2020, and moving into a transition period which will last until 31 December 2020, Brexit of courselooms...more

White & Case LLP

Connected and Autonomous Vehicles – a cross-jurisdictional comparison of regulatory developments

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Connected and autonomous vehicles ("CAVs") are expected to become a reality on roads across modern economies in the near future. In 2018, the EU estimated that, provided a sufficient regulatory and enabling framework is in...more

White & Case LLP

The Construction Industry, Insolvency and Directors’ Liabilities

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A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and...more

King & Spalding

What happens in Vegas...

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Non-financial misconduct and the UK Senior Managers and Certification Regimen - The old adage goes that, “What happens in Vegas, stays in Vegas.” But, does this really hold true in the UK financial services sector?...more

Eversheds Sutherland (US) LLP

Recent guidance brings OFAC in line with domestic and global compliance trends

On May 2, 2019, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued guidance titled “A Framework for OFAC Compliance Commitments” (Guidance), providing direction regarding what OFAC considers to...more

BCLP

Order against the Phoenix: ICO leverages personal fines for directors and other strategies to curb unlawful marketing

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On 17 December 2018, new Regulations came into force meaning that company directors and other corporate officers may be personally fined up to £500,000 for their company’s nuisance calls and similar serious breaches of the...more

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