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Company Law Memo 2010 Newsletter Issue 3 (May 2010)

COMPANY LAW MEMO 2010

Newsletter Issue 3

May 2010

In this issue…

Types of business and corporate structures

»             Industrial and Provident Societies to be renamed

Dividends and distributions

»             Corporation tax – trading or investment company

Company management and decision making

»             New guidance on corporate governance for private companies

»             New company name search

Company finance

»             Charges over cash deposits – are they fixed or floating?

»             Guarantors not bound by an unsigned variation to a guarantee

Litigation and investigations

»             Costs order in derivative claim

»             Costs of an unsuccessful action – should they be awarded on a standard or indemnity

               basis?

Insolvency

»             Wrongful trading claim against a sole company director

»             Company in administration – should the moratorium be lifted in relation to employment

               claims?

»             Assets in insolvency – when does a third party gain a proprietary interest?

»             The Insolvency Service consults on how to improve the transparency of and confidence in

               pre-pack sales in administration

»             Administration and setting off debtor creditors

»             Application for an additional administrator

Appendix

»             Companies House Northern Ireland – change of address

Disclaimer

This newsletter is provided on the understanding that the information contained within it is for guidance only, and that the publisher is not in business to provide legal or accounting advice or other professional services.  Readers entering into transactions on the basis of, or otherwise relying on, such information should seek the services of a competent professional adviser.

While every care has been taken to ensure the accuracy of the contents, the editors and the publishers cannot accept responsibility for any loss occasioned to any person acting or refraining to act as a result of any statement in this newsletter.

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