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HTMLAustralia: Two New Fund Vehicles
Stephen Banfield; Withers Bergman LLP;
Legal Alert/Article
July 29, 2016, previously published on July 13, 2016
On 3 May 2016, Treasurer Scott Morrison announced the Australian federal budget. Among the tax measures announced was the announcement that two new types of fund vehicle are to be created ¿ a corporate collective investment vehicle (CIV) and a limited partnership CIV. These new legal forms...

 

HTMLBrexit Myth-Busting: A Brief Analysis for Business
M. Ridgway Barker, David Guin, Anthony Indaimo, Denis Petkovic, Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
July 29, 2016, previously published on July 13, 2016
The lead up to the UK's referendum on EU membership was characterised by contradictory claims and resulted in widespread confusion amongst businesses. This has continued post-vote, with even more political indecision, which is frustrating for clients trying to process the results of the referendum...

 

HTMLFundraising Regulator Launches Consultation on Registration and Charging
Alison Paines, Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
July 28, 2016, previously published on June 30, 2016
The new Fundraising Regulator, which is due to take over from the FRSB on 7 July 2016, has published proposals on how charities and fundraising organisations will register with it and the financial contribution they will be asked to make. The Fundraising Regulator's preferred option is for all...

 

Adobe PDFAt a Glance - the Indonesia Tax Amnesty
Stacy Choong, Jay F. Krause, Joanna Yap, Chua Yee Hoong; Withers Bergman LLP;
Legal Alert/Article
July 26, 2016, previously published on July 1, 2016
The long-awaited Indonesia's tax amnesty bill was finally passed by the parliament on Tuesday, 28 June 2016. The new tax amnesty scheme will apply from July 2016 until the end of March 2017, with a recent government announcement clarifying that the Bill will only take effect after Hari Raya Puasa,...

 

HTMLPost-termination Restrictions - Consideration Reconsidered?
Peter Finding; Withers Bergman LLP;
Legal Alert/Article
July 22, 2016, previously published on July 1, 2016
It had been generally accepted that an employer who wished to introduce post-termination restrictions after an employee has commenced employment would have to provide a tangible benefit (e.g. a pay rise). This principle, however, has been cast into doubt after two High Court decisions in June 2016...

 

HTMLGuidance for Attorneys and Deputies on Making Gifts and Payments for Care
Julia Abrey; Withers Bergman LLP;
Legal Alert/Article
July 21, 2016, previously published on June 23, 2016
The Office of the Public Guardian (OPG) published guidance in May for property and financial affairs attorneys and deputies on making gifts on behalf of the person for whom they act. Other than normal and reasonable gifts for Christmas and birthdays etc, many gifts must be authorised by the Court...

 

HTMLDoes Brexit Spell the End for Cross-Border Operations for Financial Services Firms?
Alix Prentice, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
July 21, 2016, previously published on June 24, 2016
A significant proportion of institutions regulated by the UK Financial Conduct Authority enjoy 'passport' rights under one of the EU single-market financial services directives, allowing them to provide services or establish a branch on cross-border basis in other EEA member states, without having...

 

HTMLCourt Of Appeal Dismisses Judicial Review Challenge to Grant of Royal Charter
Alison Paines, Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
July 21, 2016, previously published on June 30, 2016
In R (Project Management Institute) v Minister for the Cabinet Office and others [2016] EWCA Civ 21, the Court of Appeal upheld a decision of the Privy Council to recommend the grant of a Royal Charter to a charitable professional association. This was the first time that a decision to grant a...

 

HTMLCabinet Office Releases Implementation Plan for the Charities Act 2016
Alison Paines, Chris Priestley; Withers Bergman LLP;
Legal Alert/Article
July 21, 2016, previously published on June 30, 2016
Whilst the Charities Act 2016 (the 'Act') received Royal Assent on 16 March 2016, only two administrative provisions (reviews of the operation of the Act and short title, extent and commencement) came into force immediately; the other provisions are being brought into force by commencement orders...

 

HTMLWill Drafting Negligence Claims - An Exemption for Financial Advisers?
Paul Hewitt; Withers Bergman LLP;
Legal Alert/Article
July 21, 2016, previously published on June 23, 2016
A recent decision from Leeds serves as a reminder of the duty of care owed to disappointed beneficiaries where wills have been drafted incorrectly. Here, the disappointed beneficiaries sued both financial adviser and drafting solicitor.

 


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