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GLOSSARY
See distribution in kind.
GLOSSARY
A plan which gives shareholders the opportunity to receive shares rather than a cash dividend, such shares then being purchased by the company. Dealing costs and stamp duty are deducted from the payment before the shares are purchased. Compare with a scrip dividend where shareholders simply receive shares as an alternative to a cash dividend.
GLOSSARY
This typically refers to the situation where additional debt is lent to the group in order to fund a dividend to the investors. See also Leveraged Recapitalisation.
GLOSSARY
The annual dividend on a share divided by the share price.
PRACTICE NOTES
ARCHIVED: This archived Market Standards trend report looks at market practice for the payment of dividends across the FTSE 350 in 2018. This archived Market Standards trend report, Dividends 2018, looks at market practice for the payment of dividends across the FTSE 350. It includes contributions and expert commentary from Martin Webster, Partner at Pinsent Masons LLP, Jonathan Beastall, Senior Adviser at Pinsent Masons LLP, Peter Swabey, Policy and Research Director at The Chartered Governance Institute (formerly known as ICSA: The Governance Institute) and the Stock Situations Team of the London Stock Exchange (LSE). The trend report covers all FTSE 350 companies with a financial year ending between 1 July 2016 and 30 June 2017, which held their
PRACTICE NOTES
ARCHIVED: This archived Market Standards trend report gives an update on market practice for the payment of dividends across the FTSE 350 in 2019. This archived Market Standards trend report, Dividends 2019, gives an update on market practice for the payment of dividends across the FTSE 350. It includes contributions and expert commentary from Martin Webster, Partner at Pinsent Masons LLP, Jonathan Beastall, Senior Adviser at Pinsent Masons LLP and the Investment Association. The trend report covers all FTSE 350 companies with a financial year ending between 1 July 2017 and 30 June 2018, which held their annual general meeting (AGM) between 9 November 2017 and 10 December 2018 (the Research Period). The
PRACTICE NOTES
STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024, which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories such as the shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note reflects the listing regime as it was prior to 29 July 2024. A dividend is one type of distribution that may be made by a company to its members. In fact, dividends are the most common type of distribution made by a company. The provisions of Part 23 of the Companies Act 2006 (CA 2006) and the common law rules relating to distributions (as modified by those provisions) must be complied with if
PRACTICE NOTES
A company has an implied power to distribute its profits to its members, unless its articles of association provide otherwise. A dividend is one type of distribution that may be made by a company to its members. In fact, dividends are the most common type of distribution made by a company. The provisions of Part 23 of the Companies Act 2006 (CA 2006) and the common law rules relating to distributions (as modified by those provisions) must be complied with if a company is to make a lawful distribution. For consideration of the law and practice relating to distributions made by a company, see Practice Note: Distributions. For information on the consequences of non-compliance with the law on distributions, see Practice Note: Unlawful distributions. This Practice Note focuses on the law and practice that generally applies to the payment of dividends, which is not an issue that is dealt with in CA 2006, Pt 23. For details of the additional rules and guidance that specifically apply to dividends paid by listed companies and AIM companies, see Practice
NEWS
PI & Clinical Negligence analysis: In this significant 107-page judgment, Mr Justice Ritchie addresses two key issues. First, he looks at the application of Montgomery v Lanarkshire Health Board in the pressured context of the delivery room. Second, he considers the material contribution test of causation and apportionment of damage in cases of acute profound hypoxic ischaemia (PHI) leading to cerebral palsy (CP). The defendant was found negligent for a five to eight minute delay in progressing the claimant’s mother to a caesarean section (CS). Taking the midpoint of delay as six and a half minutes, it could be proved on the balance of probabilities that but for the delay, the claimant would have avoided all brain injury and accordingly, full compensation would follow. Further, even if the delay was towards the lower end of that range, the but for test would still be satisfied in respect of the majority of the claimant’s brain damage. As it would be impossible on the evidence available to determine her functional outcome but for the negligent part of the delay that caused her injuries, the claimant would similarly be entitled to full compensation for all damage suffered. Written by Carin Hunt, barrister at Outer Temple Chambers.
NEWS
Family analysis: In E v L, Mr Justice Mostyn considered an application for financial remedies following a short marriage. He concluded the fact that the marriage was childless was irrelevant to whether there should be a departure from the application of the equal sharing principle. Moreover, there was no reason to distinguish between an accrual (of assets) over a short marriage and an accrual over a longer marriage. The statutory factor of the duration of marriage was likely to be reflected in any event in that an acquest over a shorter period was likely to be less. Mostyn J also considered the approach to valuing businesses in this case where three accountants gave ‘hot-tub’ evidence as to the value of one of the husband’s companies. Tahmina Rahman, barrister at 1GC Family Law Chambers, considers the issues.
GLOSSARY
With or without capital letters, means a divisional court constituted under section 66 of the Senior Courts Act 1981.
NEWS
Defendant’s conviction for permitting her premises to be used for supply of Class A drugs overturned, on the basis that the Crown had not established that any supply had actually taken place from the premises.