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ARTICLES(3,904)

Labour proposals for independent schools in the UK: avoiding some pitfalls of contingency planning
December 05, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK Government announces five-point legal migration plan
December 05, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK non-dom regime: reform, replace or abolish?
December 04, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Powerhouse Trial Lawyer Leads Newest Location
December 01, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

A Vision for Family Justice in England and Wales – we are at a crucial turning point
November 29, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

New National Minimum Wage rates announced for 2024/2025 in the UK
November 28, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Patagonia 2.0: the founders who are reshaping philanthropy
November 28, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK Economic Crime and Corporate Transparency Act 2023 given Royal Assent
November 28, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK Government announces reforms to holiday pay, working time and TUPE
November 28, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Worker Protection (Amendment of Equality Act 2010) Bill receives Royal Assent in the UK
November 28, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

The UK government's 'Independent review of university spin-out companies': transforming the UK into a tech and science superpower
November 23, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

A new path forward for surplus land owners in California
November 22, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK Autumn Statement 2023 - the Conservative election strategy takes shape
November 22, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

A new lifeline: how family offices are funding unmet medical needs
November 21, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK employers face sharp rise in 'illegal migrant' fines
November 21, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

UK landlords face a sharp rise in 'illegal migrant' fines
November 21, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Should you write your own obituary?
November 20, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

With no “TKO”, it’s all systems go for Harry and his fellow claimants
November 20, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Caught in the middle: approaches to child relocation in England and Wales, Singapore and Hong Kong
November 17, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Rethinking materials: Meet the innovators closing the loop in fashion and design
November 16, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

New inquiry into the use of sub-contractors by fundraising agencies in the UK
November 15, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

New requirements under the UK Data Protection and Digital Information Bill
November 15, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Residential Brokerage Commissions - A Seismic Shift?
November 15, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Statutory inquiry into charity for repeat failure to file accounts in the UK
November 15, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

US Corporate Transparency Act – what does it mean for your charity?
November 15, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Why prenuptial agreements are increasingly popular among modern Asian families
November 09, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Navigating fund management licensing in Singapore, Hong Kong and Japan
November 01, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

I put a spell on you…what can modern AI regulators learn from the UK Witchcraft Acts?
October 31, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Japan: Overview of the FEFTA Regulation
October 30, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

Private Client Perspectives: Practical Considerations for Completion of Filings Required by the U.S. Corporate Transparency Act (the "CTA") for Existing and New Entities 30 OCTOBER 2023 | APPLICABLE LAW: US | 10 MINUTE READ Management of many legal entities (LLCs, LPs, Corporations organized in the United States or operating in the U.S.) will need to prepare and submit a U.S. report of beneficial ownership under the Corporate Transparency Act (the "CTA"). This CTA report is being administered by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN). The deadline is January 1, 2024. Generally speaking, applicable legal entities include partnerships, corporations, and limited liability companies and any entity or arrangement that requires application and/or registration to establish legal existence. In the private client context, legal entities are commonly used for a wide range of purposes which include but are not limited to (1) "special purpose vehicles" that hold individual pieces of real estate or select investments; (2) "joint ventures" used by associated or collaborative parties to undertake a common objective; (3) "pooled deals" where a tight knit group of like-minded parties agree to act in unison for a shared purpose; (4) "family businesses" where family members share in the shareholding of a single or multigenerational business enterprise, and (5) "family partnerships" where members of a nuclear or extended family agree to cooperate, co-own, and coordinate the orderly transfer of certain investment assets for stability and cohesive management purposes, legal entities are put to good purpose. However, in many cases these legal entities will be subject to possible U.S. registration requirements. Exemptions apply, however. Some family entities like (1) robust family businesses, (2) large operating family offices, and (3) regulated private trust companies may NOT need to register at all as long as they begin and continue to be classified as "exempt" under one of the 23 enumerated exemptions. This includes subsidiaries of exempt companies as well. It's Happening: Preparing for the Corporate Transparency Act The CTA creates a registration requirement and an obligation of management. All in management will need to consider and some will need to effectuate filings. Every person involved in the management of an entity should consider and plan for the registration of existing entities, new entities, and also consider the possibility of reorganizing the ownership or management of those entities that might be out of date. If qualification for an exemption is possible, then it should be memorialized. The CTA takes effect on January 1, 2024, such that newly formed entities in 2024 and onward will have registration and reporting obligation as of that date. Entities that were formed before January 1, 2024, have a registration deadline of January 1, 2025, for their first filing – unless an exemption applies. Willful violations of the CTA may result in civil and criminal penalties. Thus, 2023 is the last year to consider and implement management and ownership updates for applicable entities. This article provides management of those applicable entities some guidance on the forms used for purposes of the CTA's registration requirements. To Whom This Applies: Brief Summary of Entities and Information Subject to Reporting The CTA requires domestic (U.S.) and foreign (non-U.S.) "reporting companies" to report their beneficial ownership information, unless an exemption applies at the start (changed to and from exempt reporting companies may still require a filing). Beneficial ownership is in two parts: (A) any individual who directly or indirectly either exercises substantial control over the entity or (B) any individual who owns or controls twenty-five percent (25%) or more of the ownership interests in the entity. FinCEN is focused on identifying individuals, so intermediate
October 30, 2023
LEGAL ALERTS/ARTICLES
Law Firm: Withers Bergman LLP

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