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Guide to Duties and Responsibilities of Directors of Limited Companies

Here is a short overview of the general duties of directors. Who is a Director? You will normally know if you are a director as you will have formally accepted the position. However, if you exercise sufficient influence over a company or act as if you are a director, you may be treated as a director for certain purposes even if not formally appointed. Should you be a Director? Certain people are prohibited from acting as a director, including person under 16 years of age, bankrupts, disqualified persons and a…

Investing in Student Accommodation

UK Housing Sector growth Triggered by the UK being the second most popular destination for international students, global investment into the UK housing sector is predicted to enjoy strong growth in the future, fuelling developments for student accommodation for rental purposes, which enjoy good revenue streams. However, there are pitfalls to avoid and this article highlights some common areas of risk when investing in student accommodation. Tax Planning A recurring issue in student accommodation development is trying to obtain zero-rating eligibility so that VAT can be recovered. For example, a…

What is Post-completion and how long does it take?

If you have ever sold or purchased a property you may be familiar with the concept of "Completion". For those who have not done so, completion is the date on which the parties to a transaction physically move to their respective properties, once the solicitors have sent the funds and these have been received. As far as a seller or purchaser is concerned that is the end of the matter for them, as they are either moving onto their new home or receiving a balance in their bank account. For solicitors,…

Changes that affect your confirmation statements

The Confirmation Statement – Replacing the Annual Return Where UK limited companies and LLPs were required to file an annual return they will now be required to complete a new form, the confirmation statement, which is to be filed at Companies House. This is one of the many changes that have been brought in by the Small Business, Enterprise and Employment Act 2015 – other important changes in this legislation include the requirement for companies to keep a Persons of Significant Control Register (PSC Register) and a ban on corporate directors.…

Lasting power of Attorney

A Lasting Power of Attorney (LPA) is a way of giving someone that you trust the legal authority to make decisions on your behalf if you lack mental capacity or if you no longer wish to make decisions for yourself. There are two types of LPA, for financial decisions and for health and welfare decisions. The criteria for someone wishing to make an LPA for both types of LPAs are quite straightforward, they must be any person aged 18 or over and the person wishing to make an LPA must…

Restrictive Covenants

In this article we look at the differences between the use of Restrictive Covenants in employment contracts and commercial contracts such as share purchase agreements. Background Restrictive covenants have been in the headlines recently, triggered by the government's consultation on whether their use stifles entrepreneurship by preventing workers from starting up their own business after leaving a job. Restrictive covenants are commonly used in employment contracts to prohibit ex-employees from competing with their previous employer by soliciting or dealing with their clients or poaching their remaining staff. As a matter…

Landlords converting family homes to student homes

Some landlords have tenancy agreements in place with one person only, however, that particular person might come with a family of four, thereby, leaving that one particular person responsible for paying the rent to the landlord. Progressively, the more experienced landlords are making the most of the current market by raising the overall rent earned from a property by renting to individuals or households living in the property separately. This is also known as a HMO, (Houses in Multiple Occupation). A HMO is when separate tenants have private access to…

Businesses must keep foot on pedal for data protection

A major milestone in EU data protection law was marked when the General Data Protection Regulation came into force just before the EU Referendum. A huge piece of legislation that was set to replace the UK’s Data Protection Act 1998 from May 2018, it marks a tough new era in EU-wide data protection, with new powers for data regulators and much stricter operating boundaries for businesses that process personally identifiable information about individuals. But for UK companies imagining that Brexit will have changed the need for them to comply, there’s a…

Mistakes that mean Landlords lose the right to break up

Landlords looking to terminate a lease have received a blunt reminder of what it takes to serve a valid break notice after a legal battle reached the High Court. The ruling in Vanquish Properties (UK) Limited Partnership –v- Brook Street (UK) Limited centred around premises ear-marked for development on Fenchurch Street in London. The premises were let to Brook Street by the City Corporation as freeholder, with a break clause in September 2016 on six months’ notice. When developer Vanquish came along, they were granted an overriding lease, so they…

Courts cost rule sets precedents for family disputes over Wills

The High Court has handed down a costs judgement, setting a precedent that costs orders will be made by the court against claimants who pursue weak Will challenges, act obstructively, cause delay and increase costs without incurring costs themselves. Kenneth Jordan died in 2012 leaving his entire estate to his mistress Ms Elliot. Ms Simmonds, the illegitimate child of the self-made millionaire, claimed that his 2012 Will was invalid for lack of capacity, knowledge and approval and undue influence. Ms Simmonds further alleged a claim under the Inheritance (Provision for…

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