This Practice Note seeks to explain the principles of good governance which apply to Clinical Commissioning Groups (CCG) and details how the governing body of a CCG can achieve such good governance. It covers understanding the importance of good governance for CCGs, principles of good governance, the role of the CCG constitution and governing body in supporting governance. It also highlights action points to ensure good governance.
This Practice Note considers the registration of security created by a company or limited liability partnership registered in Scotland. In particular it covers registrable charges under Scots law, the date of creation of registrable security, deeds of alteration and enforcement of security
This Practice Note provides an overview of the requirement on energy suppliers in Great Britain to roll-out ‘smart meters’ for their customers and the typical way in which energy suppliers structure projects to finance smart meters, procure smart meters and install the large volumes of smart meters necessary to do this. It also includes details of the key relevant regulation (including the Energy Act 2008 and the Smart Meters Act 2018), licences and industry codes and the nature and role of the key participants in the smart metering industry (including energy suppliers, Smart DCC Ltd, Ofgem, Meter Asset Providers (MAPS), Meter Operators (MOPs), and lenders).
This Practice Note considers the key differences that exist when creating fixed security over land and buildings between Scots and English law. In particular, it distinguishes between standard security in Scotland and the legal mortgage and also covers registration, advance notices and searches along with taking security over the rental income stream from leasehold property
This Practice Note considers the types of security that are available under Scots law. In particular, it considers the security that can be taken over land and buildings, corporeal moveable assets, contractual rights and shares. It also considers the floating charge security which can be granted in Scotland under Scots law
Vertical agreements may be exempted from the prohibition on anti-competitive agreements through the Vertical Restraints Block Exemption Regulation (VRBE, Regulation 330/2010). This Practice Note provides an overview of the VRBE and outlines the key steps in determining whether the VRBE applies to a distribution or other commercial arrangement between parties active at different levels in the economic supply chain (vertical arrangements). This assessment can be assisted by the European Commission’s guidelines on vertical restraints. In certain situations, the VRBE may also be known as the vertical agreements block exemption (VABE) or the verticals block exemption.
This Practice Note examines the characteristics of the most common US all-employee plan—the employee stock purchase plan (ESPP) and the main UK all-employee plans—the save as you earn (SAYE) and the share incentive plan (SIP). It also compares US incentive stock options (ISOs) to the main two tax-advantaged discretionary plans in the UK—the company share option plan (CSOP) and the enterprise management incentives (EMI) plan. Finally, it compares the most common forms of non tax-advantaged share schemes in both jurisdictions. This Practice Note is written in partnership with Jonathan Fletcher Rogers of Addleshaw Goddard.
Conduct risk is fundamental to Financial Conduct Authority's (FCA) regulatory approach. Since the publication of the 2013 Risk Outlook the FCA has published a number of other papers/market studies which demonstrate the evolution of its approach in relation to conduct risk. This Practice Note considers the evolution of the FCA’s thinking in this area and looks at some examples that can give rise to conduct risk.
This Practice Note provides an introduction to the production of biomethane (a form of biogas and also known as ‘green gas’ in light of its renewable nature). The Practice Note included details of biomethane’s common uses and an overview of the injection of biomethane into the Great Britain (GB) gas grid. It also includes an examination of the funding options available for biomethane projects, an outline of key GB regulation and applicable industry codes; an examination of the GB market and grid connection process for biomethane; and examples of gas to grid biomethane projects.
This Practice Note considers the impact of gratuitous alienations or transfers at undervalue within the context of property transactions in Scotland and highlights the considerations and safeguards that prospective purchasers and/or lenders should explore.
Conduct risk is a corner stone of the Financial Conduct Authority's (FCA) regulatory approach. Conduct risk can present itself in various different ways but are typically driven by the same underlying issues, namely inherent factors, structures and behaviours and environmental factors. This Practice Note focuses on the implications arising from the key drivers of conduct risk.
Conduct risk is a corner stone of the Financial Conduct Authority's regulatory approach. The Financial Conduct Authority began the rhetoric of conduct risk in its ‘Risk Outlook 2013’ and has developed its thinking since then. This Practice note considers key drivers that give rise to conduct risk.
This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP, looks at the insolvency of ordinary partnerships and limited partnerships in Scotland. It considers how a Scottish partnership can apply for its own sequestration, how creditors can petition for sequestration and other differences for Scottish partnerships.
This Practice Note looks at the four different types of award under a share incentive plan, those being: partnership shares, free shares, matching shares and dividend shares. This Practice Note is written in conjunction with Jonathan Fletcher Rogers of Addleshaw Goddard.
This precedent set of board minutes can be used by private and public listed companies to approve the establishment of a new tax-advantaged save as you earn (SAYE) scheme and to approve the first invitations to participate under it.
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