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    Affordable housing monthly law update
    2022-03-18

    This month sees a statement by the Charity Commission on the Ukraine crisis and how this impacts charities, and a factsheet released by the UK government on the impact the war has had on energy.

    There are also some very interesting articles regarding support for domestic abuse victims to how to deal with Social Housing complaints.

    Finally there is a press article on TLT’s involvement in the innovative second modular deal for Town and Country Housing and Legal and General Modular Homes.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Human Rights, Insolvency & Restructuring, IT & Data Protection, Litigation, Non-profit Organizations, Planning, Projects & Procurement, Public, Real Estate, Tax, TLT LLP, Brexit, Climate change, Mediation, Affordable housing, Cybersecurity, Coronavirus, Cladding, UK House of Commons, Economic Crime (Transparency and Enforcement) Act 2022 (UK), UK Supreme Court
    Authors:
    Sarah Hale
    Location:
    European Union, United Kingdom
    Firm:
    TLT LLP
    How to avoid company insolvency in 2022
    2022-03-09

    The shackles preventing stakeholders from putting pressure on companies will soon be firmly off as winding up petition protections and rental support end, warn Matthew Padian and Lucy Trott.

    Those of us who dabble in the insolvency world keep a keen lookout for the Insolvency Service’s insolvency statistics whenever they appear.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Stevens & Bolton LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Matthew Padian , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    The Fraudulent Conveyances Act of 1571 is still voiding fraudulent property transfers 450 years later
    2022-03-06

    In the 1500s, debtors in England would avoid paying their debts by transferring property to friends or family as a gift or for undervalue, move to a sanctuary such as church land, wait for their creditors to exhaust their efforts or come to a favourable settlement of the debt, and then return and take a re-transfer of the property. This was a fraud on the creditors.

    To prevent this mischief, in 1571, Parliament enacted the Fraudulent Conveyances Act (13 Eliz I, c 5), known as the Statute of 13 Elizabeth, and in Australia, as the Elizabethan Statute. It provided:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Tax, Cordato Partners, Debtor, Fraud, Conveyancing, Australian Taxation Office, Federal Court of Australia, High Court of Australia
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Financial management advice for SMEs worried about post-pandemic debt
    2022-03-01

    As we enter a new era of ‘living with Covid’, new financial woes accompany new freedoms for many. Inflation is now at a 30-year high, with income failing to keep pace with the cost of living and interest rates rising twice in the last 4 months. A number of retailers, including Next, B&M and Greggs, have warned that soaring costs cannot be fully absorbed and will lead to price rises for consumers in 2022.

    So, what is going on for retailers post-pandemic? And what steps can smaller, boutique brands take to mitigate the risks to their businesses going forward?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Stevens & Bolton LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Matthew Padian , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Annual Case Review 2021
    2022-02-22

    ANNUAL CASE REVIEW 2021 serlecourt RAISING THE BAR IN CHANCERY & COMMERCIAL “Stacked with highly experienced silks and juniors, Serle Court has long been one of the leading sets when it comes to civil fraud disputes” Legal 500 serlecourt 02 Welcome to Serle Court’s Annual Review of 2021. In the second year of the pandemic, barristers at Serle Court have continued to appear, often remotely, in courts at all levels around the world, in cases across our wide field of commercial chancery law.

    Filed under:
    Africa, British Virgin Islands, Cayman Islands, European Union, Global, Middle East, United Kingdom, Banking, Company & Commercial, Competition & Antitrust, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Public, Real Estate, Tax, Telecoms, Trademarks, Wills & Probate, Serle Court, Brexit, Private equity, Articles of association, Coronavirus, Anti-bribery and corruption, Barclays, HM Revenue and Customs (UK), EUIPO, Financial Services and Markets Act 2000 (UK)
    Location:
    Africa, British Virgin Islands, Cayman Islands, European Union, Global, Middle East, United Kingdom
    Firm:
    Serle Court
    C v KPHDN: Can a Company in Liquidation Carry on a Business?
    2022-02-15

    The proper tax treatment of real property disposals is a common area of dispute between taxpayers and the Inland Revenue Board (Revenue). Taxpayers who have disposed of investment properties expect to be taxed under the Real Property Gains Tax Act 1976 (RPGTA). The Revenue, on its part, may disagree, taking the view that the taxpayer had been trading and ought to be taxed (at the higher rate) under the Income Tax Act 1967 (ITA).

    Filed under:
    Malaysia, Insolvency & Restructuring, Litigation, Tax, Lee Hishammuddin Allen & Gledhill
    Authors:
    Dato' Nitin Nadkarni , Jason Tan Jia Xin , Ivy Ling Yieng Ping , Chris Toh Pei Roo
    Location:
    Malaysia
    Firm:
    Lee Hishammuddin Allen & Gledhill
    Dilemma of formation by reconstruction or splitting-up of existing business - A deterrent to income-tax benefits?
    2022-02-15

    Introduction

    The legislature has time and again introduced various income-tax benefits and incentives to encourage fresh investments and stimulate the economic growth. These incentives are generally given to new businesses in form of tax holidays, concessional tax rates or additional deductions.

    Filed under:
    India, Insolvency & Restructuring, Tax, Lakshmikumaran & Sridharan Attorneys
    Location:
    India
    Firm:
    Lakshmikumaran & Sridharan Attorneys
    Budget 2022: Key Tax Proposals Impacting Business Reorganisations
    2022-02-08

    The Finance Bill, 2022 introduces amendments to provide clarity and reduce protracted litigation for entities undergoing business succession / reorganisation.

    The Government has been making consistent efforts to simplify and rationalise the tax framework in India. Accordingly, the Finance Bill, 2022 (Bill) proposes several amendments to address practical nuances and anomalies arising in business successions/reorganisations.

    Filed under:
    India, Insolvency & Restructuring, Tax, Trilegal
    Location:
    India
    Firm:
    Trilegal
    Can A Property Tax Foreclosure Sale Be Avoided As A Fraudulent Transfer? (Duval v. County of Ontario)
    2022-02-03

    Can the foreclosure of a property tax lien on real estate be avoided as a fraudulent transfer under § 584 of the Bankruptcy Code?

    That’s the issue before the District Court, on a bankruptcy appeal, in Duvall v. County of Ontario, New York, Case No. 21-cv-06236 in U.S. District Court, WDNY (issued 11/9/2021).

    Courts have gone both ways on the issue.

    The Difficulty

    Filed under:
    USA, Nebraska, Banking, Insolvency & Restructuring, Litigation, Tax, Koley Jessen PC, Bankruptcy, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Referencias Jurídicas CMS | Febrero 2022
    2022-02-02

    La CNMV ha publicado un documento con “preguntas y respuestas” que pretende servir de ayuda en la interpretación por las sociedades cotizadas del régimen de operaciones vinculadas tras la reforma introducida por la Ley 5/2021 para la incorporación de la Directiva sobre derechos de los accionistas en las sociedades cotizadas. A continuación, se incluye un resumen de los criterios interpretativos ofrecidos por el organismo supervisor.

    Referencias Jurídicas CMS

    Artículos de fondo

    Filed under:
    European Union, Spain, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Environment & Climate Change, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Tax, White Collar Crime, CMS Albiñana & Suárez de Lezo
    Location:
    European Union, Spain
    Firm:
    CMS Albiñana & Suárez de Lezo

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