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PRACTICE NOTES
Auction processes play an important role in particular industries, for example, in the private equity industry or in government privatisations, or in large value transactions. A sale by way of auction is designed to elicit competitive bidding for the business among interested parties at the highest price and on the best possible terms. For the seller, there is a high certainty that the sale will be completed to a preferred bidder, preferably from management’s point of view. Auctions can be run with many bidders or can be a targeted with a select few bidders. This will depend on the nature of the business and the market in which it is operated. The seller of the business will generally take control of an auction process and will appoint various advisers to act on its behalf, for example, an investment bank, who will market the sale of the business on behalf of the seller. Advantages and disadvantages of the auction process for the seller and bidders The seller: advantages and disadvantages of selling a business by auction sale The advantages
PRACTICE NOTES
Auction processes play an important role in particular industries, for example, in the private equity industry, in government privatisations, or in large value transactions. A share sale by way of auction is designed to elicit competitive bidding for the target company among interested parties at the highest price and on the best possible terms. For the seller, there is a high certainty that the sale will be completed to a preferred bidder (which is preferable from management's point of view). Auctions can be run with many bidders, or they can be targeted with a select few bidders. This will generally depend on the market in which the target company operates and the nature of its business. A seller will generally take control of an auction process and will appoint various advisers to act on its behalf, for example, an investment bank, who will market the sale of the target company on behalf of the seller. Advantages and disadvantages of the auction process for the seller and bidders The seller: advantages and disadvantages of selling a company by auction sale The
GLOSSARY
The term used to describe a system that provides automated interactive telephone information, such as stock prices, sports scores and personals.
GLOSSARY
Directive 2010/13/EU of the European Parliament and of the Council on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audio-visual media services.
GLOSSARY
Audiovisual Media Services Directive 2010: European legislation which updated the previous 'Television Without Frontiers Directive' to take account of technological advances and convergence in the media landscape and regulate broadcast regulation across all audiovisual media services, including online services which are deemed 'television-like'.
GLOSSARY
‘Audiovisual media service’ (AVMS) is a service which is under the editorial responsibility of a media service provider, the principle purpose of which is the provision of programmes, in order to inform, entertain or educate the general public by electronic communications networks. Examples of an AVMS are a television broadcast or an on-demand service.
GLOSSARY
A review of a client's business and assets undertaken by an asset-based lender periodically during the life of a facility with particular focus on the asset classes being funded.
GLOSSARY
An independent regulator responsible for ensuring public money is spent efficiently, economically and effectively. Its functions include audit, assessment and research. It is a body corporate established under the Local Government Finance Act 1982 and its powers and responsibilities are set out in the Audit Commission Act 1998.
PRACTICE NOTES
This glossary contains a summary and definition of some of the most common terms and phrases used in the context of auditors and a company’s audit obligations. A Word or phrase Definition Accounting reference period (ARP) Usually the period of 12 months over which a company draws up its accounts. If the company's accounting period does not coincide with its period of account or if the accounting period spans more than one financial year, the profits must be apportioned (see accounting reference date (ARD) and Practice Note: Basic principles of corporation tax—overview). Accounting reference date (ARD) A company’s accounting reference period (ARP) is determined by reference to its accounting reference date: it ends on that date. The ARD is normally the last day of the month in which the anniversary of the company’s incorporation falls (CA 2006, s 391). For further information see Practice Note: A company's financial year. Accounts meeting The particular general meeting of the company at which its annual accounts and reports are (or are to be) laid in
PRACTICE NOTES
Background There are statutory provisions relating to the notices and statements required upon an auditor ceasing to hold office. Section 18 and Schedule 5 of the Deregulation Act 2015 (DA 2015), which came into force on 1 October 2015, made a number of changes in relation to auditors, which include the statutory provisions dealing with the notices and statements required on an auditor ceasing to hold office. The amendments have effect in relation to financial years beginning on or after 1 October 2015. For the purpose of the notices and statements required on an auditor ceasing to hold office, the DA 2015 amended the Companies Act 2006 (CA 2006) to make a distinction between public interest companies and non-public interest companies (each being treated slightly differently), rather than the distinction between quoted companies and unquoted companies (again, each being treated slightly differently) which applied before the DA 2015 amended the CA 2006. For details of the relevant provisions in relation to financial years beginning before 1 October 2015,
PRACTICE NOTES
ARCHIVED: This archived Practice Note relates to a statement by an auditor of a quoted company ceasing to hold office; see also archived Practice Note: Company and Companies House notifications on an auditor ceasing to hold office—financial years beginning before 1 October 2015—quoted company [Archived]. Section 18 and Schedule 5 of the Deregulation Act 2015 (DA 2015), which came into force on 1 October 2015, made a number of changes in relation to auditors, which include the statutory provisions dealing with the notices and statements required on an auditor ceasing to hold office. The amendments have effect in relation to financial years beginning on or after 1 October 2015. For the purpose of the notices and statements required on an auditor ceasing to hold office, the DA 2015 amended the Companies Act 2006 (CA 2006) to make a distinction between public interest companies and non-public interest companies (each being treated slightly differently), rather than the distinction between
PRACTICE NOTES
ARCHIVED: This archived Practice Note relates to a statement by an auditor of an unquoted company ceasing to hold office for financial years beginning before 1 October 2015; see also archived Practice Note: Company and Companies House notifications on an auditor ceasing to hold office—financial years beginning before 1 October 2015—unquoted company [Archived]. Section 18 and Schedule 5 of the Deregulation Act 2015 (DA 2015), which came into force on 1 October 2015, made a number of changes in relation to auditors, which include provisions dealing with the notices and statements required on an auditor ceasing to hold office. These provisions have effect in relation to financial years beginning on or after 1 October 2015. For the purpose of the notices and statements required on an auditor ceasing to hold office, the DA 2015 amended the Companies Act 2006 (CA 2006) to make a distinction between public interest companies and non-public interest companies (each being treated slightly