Business organisations, rules and procedures

Practice Area

Sections

• ↗ Direct involvement and non-direct involvement offences, and defences to those offences under Proceeds of Crime Act 2002
• ↗ Due diligence requirements
• ↗ Distribution of profits and gains
• ↗ Documentary, record-keeping, statutory filing and disclosure requirements
• ↗ Appointment and removal of directors
• ↗ Minority shareholder protection
• ↗ Procedures and authority under the Partnership Act 1890
• ↗ Common provisions in partnership agreements
• ↗ Options and procedures - CVA/IVA, bankruptcy, administration, fixed asset receivership, voluntary and compulsory liquidation
• ↗ Claw-back of assets for creditors – preferences, transactions at an undervalue, fraudulent and wrongful trading, setting aside a floating charge
• ↗ Order of priority for distribution to creditors
• ↗ Income Tax
• ↗ Capital Gains Tax
• ↗ Corporation Tax
• ↗ Value Added Tax
• ↗ Inheritance Tax
• ↗ Purpose and scope of anti-money laundering legislation including the international context
• ↗ Circumstances encountered in the course of practice where suspicion of money laundering should be reported in accordance with the legislation
• ↗ The appropriate person or body to whom suspicions should be reported, the appropriate time for such reports to be made, and the appropriate procedure to be followed
• ↗ The financial services regulatory framework including authorisation, and how it applies to solicitors firms
• ↗ Business and organisational characteristics
• ↗ Legal personality and limited liability
• ↗ Procedures and documentation required to incorporate a company/form a partnership/LLP and other steps required under companies and partnerships legislation to enable the entity to commence operating
• ↗ Finance
• ↗ Corporate governance and compliance
• ↗ Partnership decision-making and authority of partners
• ↗ Insolvency (corporate and personal)
• ↗ Taxation - business
• ↗ Money laundering
• ↗ Financial services
• ↗ Ethics and Professional Conduct
• ↗ Funding options: debt and equity
• ↗ Types of security
• ↗ Financial records, information and accounting requirements
• ↗ Rights, duties, and powers of directors and shareholders of companies
• ↗ Company decision-making and meetings: procedural, disclosure and approval requirements
• ↗ Recognition of relevant financial services issues, including the identification of specified investments, specified activities and relevant exemptions
• ↗ Application of the Financial Services and Markets Act 2000 and related secondary legislation to the work of a solicitor