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Q&As
The position on this will depend upon whether HMRC considers that the particular reasons for the late notification will amount to a ‘reasonable excuse’. For an option to qualify as a statutory enterprise management incentives (EMI) option, notice of the option must be received by HMRC within 92 days of the date of grant of the option. HMRC enforces this time period strictly and failure to make such a notification will normally mean that the option is unable to benefit from EMI tax relief. However, a 'reasonable excuse' defence for failing to notify within this time limit may be permitted,
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This will mean parties may not be able to meet in person to execute documents. What is a deed? A deed is a written instrument which is executed with the necessary formality and by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds should be contrasted with simple contracts under English law that (unlike a deed) may be made in writing without the formalities required for a deed or orally.  Deeds are required for: • powers of attorney • leases and transfers of land • mortgages and charges over land • appointment of trustees They are also often used for guarantees or where there is no consideration given in exchange for a contractual
Q&As
A properly drafted finance document will include appropriate execution clauses for each party signing the document. It should, therefore, be obvious where each party has to sign. However, in the pressure of the signing room where there can be piles and piles of documents to sign, or when clients sign documents not in the presence of legal advisers, signatures can end up in the wrong place. What to do if a signature is in the wrong place Provided
Q&As
Although this is a question about privilege, privilege is a subset of confidentiality and this response addresses the wider issues. It assumes that the disclosure is accidental, usually referred to as 'inadvertent disclosure'. As is often the case with confidentiality, a number of conflicting principles are engaged, and careful analysis is required of the particular facts in front of you. In short, however, as soon as you become aware that you have received information that you shouldn't have received, you should stop reading. If you know before you start that the information has been disclosed inadvertently, then you shouldn't start reading. You should then conduct an analysis of your conflicting duties and obligations (discussed further below) and document it. You must also consider what to do about return of the documents. Ideally, you should send a letter returning them (together with all copies of the privileged documents in your possession) to the source you received them from (generally
Q&As
Can the lease be forfeited and the landlord effect peaceable re-entry? As the premises are commercial, we would recommend that you consider our Practice Note: LTA 1954 business lease renewal—termination. This identifies the methods by which a commercial lease may be brought to an end. This includes the landlord forfeiting the lease owing to the tenant’s breach. For guidance on when a landlord can forfeit a lease and the practical issues to consider, see our Practice Note: Relief from forfeiture for rent arrears. And for consideration as to how to forfeit and when a landlord may be considered to have waived its right to forfeit, see Practice Note: Forfeiture of a lease (note, if the tenant is still in occupation then proceedings will need to be commenced). You may also wish to consider the potential impact of the
NEWS
Planning analysis: The High Court has held that a consultation decision and response from Norfolk County Council (NCC) was unlawful, immaterial and ultra vires and so upheld a judicial review claim on the matter. The claimant, Swainsthorpe Parish Council, sought judicial review on four grounds: (i) The decision and the response were ultra vires; (ii) Failure by the defendant to give adequate lawful reasons for the decision and response; (iii) Immaterial considerations when making the decision and providing the response; and, (iv) Irrationality. The points of relevance in deciding the issue were NCC’s referral of the matter to its executive committee and the committee’s subsequent analysis of, and its consultation response to, the planning application in question. It was held that NCC’s response should have been made only in its capacity as Highways Authority, not, as it was, its wider views on the benefits to the local economy. Written by Rebecca Roffe, partner at CMS.
NEWS
HM Courts and Tribunals Service (HMCTS) has issued a release note in relation to Case File View following feedback that indicated a need for additional folder categories and some adjustments to ensure documents are filed in the correct folders, making them easier to locate and access. To address this, new folders titled ‘Advocate Meeting Minutes’ and ‘Witness Template’ will be added and the respondents section will be restricted and renamed to include folders titled ‘Respondent's Own Statements’ and ‘Respondent's Witness Statements’ (renaming the existing ‘Witness Statements’ subfolder). In addition the ‘Guardians Reports’ folder will be removed to prevent duplication and confusion, as a ‘Guardians Evidence’ folder already exists. The release date is 8 October 2025.
PRACTICE NOTES
1. What is the applicable legislation? The primary legislation governing FDI in Myanmar is the Myanmar Investment Law 2016 (the MIL) and Myanmar Investment Rules 2017 (the MIR) . 2. Which government or other body (or bodies) reviews foreign investments? Foreign investment applications are reviewed by the Myanmar Investment Commission (the MIC), in consultation with other relevant ministries, depending on the nature of the proposed business. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (e.g. foreign or non-EU/non-WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)? The MIL applies to all existing and new investments in Myanmar. It also applies to investment measures implemented by government departments and government organisations, except where such measures are necessary to protect and maintain public order, the financial system, historical or archaeological valued national treasures and heritage, to preserve natural resources or for the protection of
NEWS
Law360, London: The scale of the economic losses from the Myanmar and Thailand earthquake is likely to expose widespread underinsurance in the region, a broker has warned.
PRACTICE NOTES
1. Have there been any recent developments regarding the Myanmar merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Myanmar? In general, the merger control regime in Myanmar is governed by the Competition Law 2015 (Law) and the Competition Rules (Rules). The Competition Commission (the Commission)—which has been established in Yangon—consists of a chair and intelligentsias, formed of individuals with the rank of Union Minister, and other eligible people from relevant ministries/government departments. The Commission (as provided in the Rules) also consists of one representative from the Ministry of Commerce, the Union Attorney General’s Office, the Ministry of Home Affairs, the Ministry of Transport and Communications, the Ministry of Industry and the Union of Myanmar Federation of Chambers of Commerce and Industry (UMFCCI) and affiliated associations as its members. Furthermore, the Commission also has experts from the field of law and economics. Under the Law, s 8(f), the power to regulate any acquisition or merger is vested with the Commission, which shall set the threshold based on market
PRACTICE NOTES
This Practice Note is part of a multi-jurisdictional guide addressing essential aspects of forming specific business entities in global jurisdictions. Leading law firms in the Multilaw global law firm network answer key questions on this topic. This guide discusses key considerations when forming a private limited liability company in Myanmar. Current as of 22 September 2025. Author: Yuwadee Thean-ngarm, Tilleke & Gibbins Myanmar Limited, a Multilaw member firm Common entities 1. What form of entity is the subject of this questionnaire? What other forms of entities are commonly used in this jurisdiction and are the subject of another questionnaire response? The subject of this response is the private limited liability company (tarwon kant-that-htar-thi amyar-hnint ma-thet-sai-thi company). The Myanmar transliteration of private limited liability company is tarwon kant-that-htar-thi amyar-hnint ma-thet-sai-thi company, and the official abbreviation of private limited liability company is Ltd. (Limited) or Co., Ltd. (Company Limited). In Myanmar this form of entity is called both a Limited Company and company. 2. Identify other types of entities in your jurisdiction that exist but will not
GLOSSARY
The Myners Review refers to the investigation into the investment practice of pension schemes under the leadership of Paul Myners. The resulting report entitled ‘Institutional investment in the United Kingdom: a review’, published on 6 March 2001, raised several issues for pension schemes to consider including: redefining the prudent man rule to raise it to a higher standard of care; changing the standard benchmarks; reviewing the measurement of investment performance, and; considering whether soft commissions should be permitted in future.