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PRACTICE NOTES
NOTE—to see whether notification thresholds in Slovenia and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Slovenia merger control regime and are any updates/developments expected in the coming year? Are there any other 'hot' merger control issues in Slovenia? The ‘new’ Prevention of MRestriction of Competition Act 2022 (ZPOmK-2), which became applicable in Slovenia in January 2023, did not bring major substantive changes to the merger control regime. However, it introduced a new simplified concentration notification procedure. The Competition Protection Agency (CPA) may use that simplified procedure if the notified concentration does not give rise to competition concerns or in the case of concentrations which are normally approved without any serious doubt and where no special circumstances are present. Since its introduction, the simplified procedure has already been used in multiple proceedings before the CPA. In general, another major change was the introduction of the system of administrative offences, which allows the CPA to impose administrative sanctions on companies in one single administrative
NEWS
Arbitration analysis: The Swiss courts declined to hear a case in 2019 as the parties had agreed to arbitrate. Nonetheless, the Slovenian arbitral tribunal declined its jurisdiction. The claimant then sued in a Slovenian court and won. That judgment can now be recognised in Switzerland under the Lugano Convention, the Aargau High Court held on 24 October 2023. This decision is noteworthy for it is rare for courts to rule that a dispute belongs in arbitration and for the arbitrators to disagree. More important, however, the Aargau High Court is the first Swiss court to hold that a European judgment can be recognised in Switzerland despite the 2019 ruling that the parties had agreed to arbitrate the dispute. The High Court’s decision is not yet binding. Switzerland’s highest court is expected to decide in 2024. Written by Mladen Stojiljković, partner at Nater Dallafior.
Q&As
It is assumed that the pipes asked about are for private purposes of a particular farm, and are not works to be carried out by an 'undertaker' as defined in Part III of the New Roads and Street Works Act 1991 (NRSWA 1991) which is authorised to carry out street works
NEWS
The Small Business Protections Bill (formally known as the Commercial Payments Bill) has been introduced in the House of Lords. The Bill proposes a 60-day cap on payment terms for large firms paying smaller suppliers, introduces mandatory interest on late payments at 8% above the Bank of England base rate and prohibits the withholding of retention payments in construction contracts. It also expands the powers of the Small Business Commissioner to investigate poor payment practices, adjudicate disputes and impose substantial fines against persistent late payers. The Bill requires boards or audit committees of persistently late-paying large companies to publish explanations of poor payment performance and improvement steps. It also builds upon and strengthens the Late Payment of Commercial Debts (Interest) Act 1998.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not updated. It is for background information only. Introduction Despite its name, the provisions of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) are of general application to companies in the UK and not only to small-to-medium enterprises. While the SBEEA 2015 relates mostly to corporate matters and companies' administration, some provisions may impact on certain aspects of financing transactions, which finance practitioners should be aware of. These include: • the abolition of bearer shares • empowering provisions to nullify any ban on invoice assignment • varying the powers of the Export Credits Guarantee Department (ECGD) • changes to the powers of administrators and liquidators which may have an effect on insolvency and restructuring practices • streamlining public procurement practices, and • changes to company administration The SBEEA 2015 received Royal Assent on 26 March 2015 and will be implemented in various stages. For a full timetable of the dates on which
PRACTICE NOTES
The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent on 26 March 2015 and introduced a series of amendments and legislative clarifications intended to ensure that the UK continues to be recognised globally as a trusted and fair place to do business and open up new opportunities for small businesses to innovate and compete. This has brought in a number of changes to companies and insolvency legislation. In this Practice Note, we consider those provisions that concern directors’ disqualification, and the way in which the SBEEA 2015 affects the Company Directors Disqualification Act 1986 (CDDA 1986) specifically. The provisions affecting the CDDA 1986 are set out at SBEEA 2015, ss 104–111 (note: we do not comment on SBEEA 2015, ss 112–116, which detail the position in Scotland and Northern Ireland). With regard to the commencement of these provisions, in accordance with SBEEA 2015, s 164(1), they will come into force 'on such day as a Minister of the Crown may by
PRACTICE NOTES
This Practice Note has been archived and is not maintained. The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent on 26 March 2015 and introduced a series of amendments and legislative clarifications intended to ensure that the UK continues to be recognised globally as a trusted and fair place to do business and open up new opportunities for small businesses to innovate and compete. This has brought in a number of changes to companies and insolvency to ensure a strong regulatory regime for those that administer insolvencies. In this Practice Note, we consider those provisions that concern trustees in bankruptcy, which are set out in SBEEA 2015, s 133 and Sch 10. These changes came into force on 6 April 2017 by virtue of the Small Business, Enterprise and Employment Act 2015 (Commencement No 6 and Transitional and Savings Provisions) Regulations 2016, SI 2016/1020. The SBEEA 2015 is accompanied by Explanatory Notes (prepared by the Department for Business, Innovation and Skills (now the Department for
GLOSSARY
(1) This section applies where any subordinate legislation made by a Minister of the Crown (the “underlying provision”)— (a) uses the term “small business” or “micro business”, and (b) defines that term by reference to this section. (2) In the underlying provision “small business” means an undertaking other than a micro business (see subsection (3)) which meets the following conditions (“the small business size conditions”)— (a) it has a headcount of staff of less than 50, and (b) it has— (i) a turnover, or (ii) a balance sheet total, of an amount less than or equal to the small business threshold. (3) In the underlying provision “micro business” means an undertaking which meets the following conditions (“the micro business size conditions”)— (a) it has a headcount of staff of less than 10, and (b) it has— (i) a turnover, or (ii) a balance sheet total, of an amount less than or equal to the micro business threshold. (4) The Secretary of State may by regulations (referred to as “the small and micro business regulations”) make further provision about the meanings of “small business” and “micro business”. (5) This section and the small and micro business regulations are to be read subject to any modifications made by the underlying provision in any particular case.
GLOSSARY
According to Commission Recommendation No 2003/361/EC, two factors determine whether a business is a SME: (i) the number of employees, and (ii) either turnover or balance sheet total. • A medium-sized company has up to 250 employees, a turnover of up to €50m or a balance sheet total of up to €43m. • A small-sized company has up to 50 employees and a turnover or balance sheet total of up to €10m. • A micro-company has up to ten employees and a turnover or balance sheet total of up to €2m. In 2013, the EU adopted the programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014-20). Its aims are to help SMEs access funding and markets, support entrepreneurs, and create more favourable conditions for business creation and growth. While the EU encourages the use of its SMEs definition as a reference, it is binding only for certain matters, such as state aid, implementing structural funds or EU programmes.
PRECEDENTS
1 Lawfulness, fairness and transparency ICO expectation and current status More information LexisNexis® tools and guidance Your business has conducted an information audit to map data flows☐ Not yet implemented or planned☐ Partially implemented or planned☐ Successfully implemented☐ Not applicable You should organise an information audit across your business or within particular business areas. One person with in-depth knowledge of your working practices may be able to do this.This will identify the data that you process and how it flows into, through and out of your business.Remember, an information flow can include a transfer of information from one location to another. For example, the information may stay within your business yet a transfer takes place because the department or other office is located elsewhere (off site).Having audited your information, you should then be able to identify any risks. Resources within subtopics:—Data mapping—Identifying and assessing data protection risksPractice Notes: —How to undertake data mapping—How to manage data protection compliance—Data mapping—How to formulate a privacy risk registerPrecedents:—Sample data processing map—Data mapping—internal questionnaire—Data processing register—Privacy risk register—Data protection risk assessment—long form—Data protection risk assessment—short
GLOSSARY
A test employed by competition authorities as part of defining the market to form the basis for a competition analysis.
GLOSSARY
Small claims court refers, in practical terms, to the forum or procedural track for resolving low‑value civil disputes using simplified, largely informal procedures and limited costs risk. It is a descriptive expression rather than a formal, consistently defined statutory term across the UK and Ireland.In England and Wales, it usually means the small claims track in the County Court (Civil Procedure Rules Part 27), commonly used for consumer disputes, unpaid invoices, minor contract and tort claims. In Scotland, it broadly corresponds to the simple procedure in the sheriff court (covering most lower‑value civil claims), and historically to the “small claims” procedure it replaced. In Northern Ireland, it usually denotes the small claims procedure in the county court, governed by specific rules and value limits. In Ireland, it refers to the Small Claims Procedure in the District Court, primarily for consumer and certain business claims, under District Court Rules.Key features across jurisdictions include restricted legal costs recovery, judge‑led hearings, encouragement of self‑representation, prescribed monetary limits, and streamlined forms and evidential rules, making it a central mechanism for proportionate dispute resolution.