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CHECKLISTS
The revised Practice Statement Companies: Schemes of Arrangement and Restructuring Plans under Parts 26 and 26A of the Companies Act 2006 (CA 2006) (Practice Statement for schemes and RPs 2025) governs the procedure for Part 26 schemes of arrangement (schemes; see Practice Note: Schemes of arrangement—process and statutory framework) and Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans—process) between a company and its creditors and/or members from 1 January 2026 onwards (see: LNB News 19/09/2025 33 and Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)). It applies to all cases where an application for a meetings order is to be dealt with at a convening hearing listed on any date on or after 1 January 2026. ie for all applications for convening hearings listed on or after 1 Jan 2026. If a scheme or plan is mid-flight and has had its convening hearing before 1 January 2026, then the 2020 Practice Statement will continue to apply. The Practice Statement for schemes
CHECKLISTS
ARCHIVED: This Checklist is archived and no longer maintained. Practice Statement (Companies: Schemes of Arrangement under Part 26 and Part 26A of the Companies Act 2006) (Practice Statement 2020) requires a company proposing a restructuring plan with creditors to take all steps reasonably open to it to notify any person affected by the plan that it is being promoted, the purpose which the plan is designed to achieve, the meetings of creditors which the applicant considers will be required and their composition, unless there are good reasons for not doing so (note that a consultation was launched in May 2025 to replace this Practice Statement by the end of July 2025; see: LNB News 09/05/2025 46). This is usually done by sending out a letter to creditors (a practice statement letter) in advance of the convening hearing. What is adequate notice of the convening hearing will depend on all the circumstances (Practice Statement 2020, para 7) and is intensively fact-dependent (see Re PizzaExpress
PRECEDENTS
The Practice Statement for schemes and RPs 2025 governs the procedure for Part 26 schemes of arrangement (schemes; see Practice Note: Schemes of arrangement—process and statutory framework) and Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans—process) between a company and its creditors and/or members from 1 January 2026 onwards(see: LNB News 19/09/2025 33 and Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)). It applies to all cases where an application for a meetings order is to be dealt with at a convening hearing listed on any date on or after 1 January 2026. ie for all applications for convening hearings listed on or after 1 January 2026. If a scheme is mid-flight and has had its convening hearing before 1 January 2026, then the 2020 Practice Statement will continue to apply. The Practice Statement for schemes and RPs 2025 requires a company proposing a scheme to take all steps reasonably open to it to notify
PRECEDENTS
ARCHIVED: This Precedent has been archived and is no longer maintained. This is an indicative timetable. None of the deadlines are specified by statute. Where the company proposing the plan is a regulated entity, the regulator will have requirements as to timing of notification of creditors which will impact the timeline. The regulator will also want to review the proposals and documentation, which will also impact the timetable (for a discussion of the factors relevant, see Practice Note: Schemes of arrangement for FCA regulated companies). Also, where there are a significant number of intermediaries involved between the company and the ultimate beneficial owner of the debt, more time may be required to allow the documentation to pass through the relevant intermediaries and any clearing systems and for creditors to properly consider the scheme. Date Action From 98 days before the convening hearing Draft scheme of arrangement, explanatory statement, and proxy form (see Precedents: Scheme of arrangement,
PRACTICE NOTES
You do not have to behave like a police officer, but you do have to remain alert to the warning signs of bribery and corruption and make the sort of enquiries a reasonable person (with the same qualifications, knowledge and experience as you) would make. This Practice Note identifies typical warning signs of bribery and corruption which would normally require further investigation. It incorporates examples from Wolfsberg Anti-Bribery and Corruption (ABC) Compliance Programme Guidance and guidance from the International Foreign Bribery Taskforce (IFBT). These factors do not automatically mean that bribery and corruption is taking place—they are merely red flags. However, you should pay particular attention to matters where a number of these factors are present. These indicators may be evident during various business activities, including intermediary engagement, business acquisition or general business activity, gifts and entertainment, charitable contributions, among others. General • There has been a change in the behaviour of employees, intermediaries or business partners, eg: ◦ there’s an employee within your organisation who does not take time off for sickness or holidays, or insists on
PRECEDENTS
You do not have to behave like a police officer, but you do have to remain alert to the warning signs of bribery and corruption and make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical warning signs of bribery and corruption which would normally require further investigation. These factors do not automatically mean that corruption is taking place—they are merely red flags. However, you should pay particular attention to matters where a number of factors are present. If any factors arise, especially where several indicators are present, seek guidance from [insert, eg your manager or the compliance team] before proceeding. 1 General There has been a change in the behaviour of colleagues, intermediaries or business partners, eg: —there's a colleague who does not take time off for sickness or holidays, or insists on dealing with specific customers/clients themselves; —there's a colleague who has a lavish lifestyle which is not commensurate with their salary or what you know of their financial circumstances; —a colleague has made unexpected
CHECKLISTS
Businesses and their employees must be alert to indicators of corruption. The following checklist identifies indicators of corruption which would normally give rise to an escalated investigation. For further information on internal investigations, see: Internal investigation on suspicion of failure to prevent bribery—checklist. • In the course of contract negotiations, or during the completion of a previous contract, consider whether there are any unusual payment mechanisms. These may include: ◦ attempted changes to agreed terms, such as requests for payments to be made urgently and/or ahead of schedule ◦ a request for cash payment ◦ payments being made through a third party country or to a shell company in another country ◦ an abnormally high commission being paid to a particular agency, see Practice Note: How to identify when a commission might become a bribe ◦ requests for payments to be split into two accounts for the same agent, particularly where the two accounts are in different countries, see Practice Note: Agents and other intermediaries ◦ the
GLOSSARY
An offence which is triable only on indictment in the Crown Court. An adult defendant must be sent forthwith to the Crown Court from the magistrates’ court if charged with an indictable-only offence.
GLOSSARY
The indictment consists of the charge or charges preferred against the defendant by the prosecution once the case is begun.
GLOSSARY
A document setting out the criminal charge(s), which is used under solemn procedure.
GLOSSARY
The essence of section 51(1) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) is that creating a three-dimensional article from a design document is not a copyright infringement unless the corresponding three-dimensional article qualifies as an artistic work in itself, which would consequently be protected under CDPA 1988, s 4(1)(a). CDPA 1988, s 51(1) reads: ‘…it is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article made to the design.’
GLOSSARY
The concept whereby an employer applies a provision, condition or practice which disadvantages a particular group of people on grounds of one of their protected characteristics such as age or disability.