IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers?

A relevant NHS body must only make and recover charges when it determines that the patient is not entitled to free NHS hospital care, either on the basis of being ‘ordinarily resident’, or because the person is exempt from charges under the National Health Service (Charges to Overseas Visitors) Regulations 2015, SI 2015/238 (Charging Regulations). A recent Department of Health publication, Guidance on implementing the overseas visitor hospital charging regulations

Practice Note: Travel Rule requirements for fund and cryptoasset transfers—UK WTR2 and MLRs provides an overview of WTR2, which entered into force on 26 June 2017 and has direct effect in countries within the EEA, including the UK. WTR2, Art 4 requires payment service providers (PSPs) to ensure that transfers of funds are accompanied by specified information regarding the payer and payee. However, WTR2, Art 5(1) provides that where all PSPs involved in the payment chain are established in the EEA, transfers of funds need only be accompanied by the payment account number of the payer and payee or, if the transfer is not made from or to a payment account, a unique transaction

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. What are US Chapter 7 or 11 bankruptcy proceedings? Proceedings under Chapter 7 of the US Bankruptcy Code are equivalent to liquidation proceedings in the UK (see US Chapter 7 liquidation). Proceedings under Chapter 11 of the US Bankruptcy Code are rescue proceedings where the aim is to preserve and maximise the enterprise value of a company and its assets, in order to maximise distributions to creditors pursuant to an orderly plan of reorganisation (see Practice Note: US Chapter 11 proceedings). How does this interact with TUPE? The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246 relaxes some of the rules which would otherwise apply for businesses that are subject to insolvency proceedings under the supervision

In the case of Sinclair Gardens v Ray the Court of Appeal considered the status of an Upper Tribunal (UT) decision. In dismissing the appeal, the court considered the status to be accorded to UT decisions which are not specified as 'guidance cases' and concluded

Agricultural tenancies and residential property let to agricultural workers generally The Agricultural Tenancies Act 1995 (ATA 1995) governs tenancies of agricultural holdings created on or after 1 September 1995. The Agricultural Holdings Act 1986 (AHA 1986) continues to apply to all agricultural tenancies created before 1 September 1995, and to certain tenancies (principally succession tenancies) granted after that date which are specifically excluded from the application of ATA 1995. AHA 1986 continues to apply to tenancies granted by a written contract of tenancy entered into before 1 September 1995 and indicating (in whatever terms) that AHA 1986 is to apply in relation to that tenancy. See Practice Note: Agricultural tenancies to which the Agricultural Holdings Act 1986

For the purposes of this Q&A we have assumed that expenses have been incurred by a previous liquidator and there are no enough funds to cover the expenses of both the old and new liquidator. The costs and expenses of winding-up are given statutory priority under sections 115 and 175(2) of the Insolvency Act 1986. All expenses properly incurred in the winding up, including the remuneration of the liquidator, are payable out of the

Whether or not an abstention would be included in the total votes from which a given majority was required may depend upon the wording of the entity’s constitution or articles of association. It may also depend on whether the vote is by a show of hands or by poll. If the majority required for the resolution to succeed was to be calculated from the total votes returned, or the ‘members present’, then an abstention would be included, but if the majority was to be based on the votes cast it would not be included. Under sections 282(4) and 284(5) of the Companies

The general requirements in relation to funds, maintenance and accommodation provided by third parties for visitors (including permitted paid engagements visitors) can be found in the Immigration Rules, Appendix V, para V4. In order for travel costs, maintenance and accommodation to be provided by a third party (see: Immigration Rules, Appendix V4, para V 4.3), the third party: • must have a genuine professional or personal relationship with the visitor • must not be in the UK in breach of UK immigration laws, and • can and will provide support to the visitor for the intended duration of their stay Under Immigration Rules, Appendix V, para V 4.4, the third party may be asked to give an undertaking in writing to be responsible for the

The basic rules for tax exemptions available to charities are set out in Part 10 of the Income Tax Act 2007, for income tax purposes (charitable trusts) and in Part 11 of the Corporation Tax Act 2010 for corporation tax (charitable companies). There has been some form of tax exemption for charities in tax legislation for a considerable period of time, but this exemption has not always been in the form it is now. There is an overriding requirement for a claim to be made for exemption and for the income concerned to be applied by the charity for

What is a cross option agreement? The purpose of a cross option agreement is to provide a mechanism for the transfer of the legal and beneficial ownership of a shareholder's shares in the event of their death. Without a cross option agreement being in place, upon the death of a shareholder, the surviving shareholders run the risk of the deceased's shares passing to someone with no interest in the company, leading to potentially undesirable consequences for the company. A cross option agreement is an agreement entered into by the shareholders of a company, under which each shareholder grants to the other shareholders options over their shares which are exercisable on death. Each shareholder takes out a term assurance policy under which any amount which becomes payable is held on trust by the continuing shareholders to pay for the deceased's shares. Such a policy should be entered into by each shareholder and written under trust, with their fellow shareholders as beneficiaries. Who are the parties to the cross option

In accordance with section 643(1) of the Companies Act 2006 (CA 2006), a solvency statement must be in the prescribed form and must state the date on which it is made, and the name of each director of the company. In particular, the statement must (in accordance with regulation 2 of the Companies (Reduction of Share Capital) Order 2008, SI 2008/1915 (SI 2008/1915, reg 2)): • be in writing • indicate that it is a solvency statement for the purposes of CA 2006, s 642, and • be signed by each of the directors Each director must make the solvency statement on the same day, but there is no requirement that all directors must be in the same location when they make the statement. Counterparts are permitted but each