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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It summarises the impact of Brexit upon European companies, otherwise known as Societas Europaea (SEs), and European Economic Interest Groupings (EEIGs). It further considers the UK-based entities known as UK Societas and UK Economic Interest Groupings (UKEIGs). It is included for background information only. At 11pm UK time on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. The UK is now regarded by the EU as a ‘third country’, ie it is a country that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the implementation period (until 11pm UK time on 31 December 2020, otherwise known as the IP completion day), the UK and the EU sought to negotiate and enter into an agreement that would govern their future relationship. The framework for a future relationship was set out in a political declaration, the terms of which were agreed
NEWS
The Foreign, Commonwealth and Development Office (FCDO) has published the agenda of the 13th meeting of the Withdrawal Agreement Joint Committee. The meeting is on the 16 May 2024 and it will take place in-person and by video conference. Topics to be discussed include: stocktake of Specialised Committee activity 29 September 2023 to 16 May 2024; update on the Withdrawal Agreement in accordance with Article 164 of the Withdrawal Agreement; citizens’ rights; the Windsor Framework; and acts to be adopted by the Joint Committee.
PRACTICE NOTES
The Family Procedure Rules 2010 and Court of Protection rules 2017 (Amendment) (EU Exit) Regulations 2019, SI 2019/517 made amendments that removed provision in the Family Procedure Rules 2010 (FPR 2010) (and the Court of Protection Rules 2017) relating to powers, processes and orders under EU instruments, or international agreements no longer applicable or available where those instruments or agreements were revoked by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), or statutory instruments made under EU(W)A 2018. Consequential changes were also made to Practice Directions that support FPR 2010, see LNB News 07/01/2021 76 and How FPR 2010 is amended. This Practice Note addresses the purpose of SI 2019/517 and relevant EU law, together with transitional and saving provisions including as to proceedings where the court was seised on or prior to implementation period (IP) completion day (31 December 2020). As of 31 January 2020, the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional
PRACTICE NOTES
This tracker lists all Brexit-related financial services statutory instruments (SIs), together with explanatory memoranda and other information for each SI, as well as links to primary sources. The majority of financial services SIs have been published by HM Treasury under the European Union (Withdrawal) Act 2018 (EU(W)A 2018) to ensure that the UK continues to have a functioning financial services regulatory regime when the UK leaves the EU in a no-deal Brexit scenario or at the end of any applicable transition period. The government has also published new regulations under the Sanctions and Anti-Money Laundering Act 2018 to ensure that sanctions currently in force in the UK under EU legislation and related UK regulations continue to operate effectively. The Brexit Financial Services SI
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. At 11pm (UK time) on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. From that point on, the UK has been regarded by the EU as a ‘third country’ that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the Brexit implementation period which ran from exit day until 11pm UK time on 31 December 2020 (IP completion day), the key EU regulations effectively remained in place for Corporate lawyers (see Practice Note: The effect of Brexit on UK company law [Archived]), but as of IP completion day, certain changes were made to this picture. A number of the potential changes to UK corporate law outlined prior to IP completion day were due to take place if, prior to IP completion day, the UK and the EU failed to enter into a ratified agreement
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. At 11pm (UK time) on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. From that point on, the UK has been regarded by the EU as a ‘third country’ that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the Brexit implementation period which ran from exit day until 11pm UK time on 31 December 2020 (IP completion day), the key EU regulations effectively remained in place for Corporate lawyers (see Practice Note: The effect of Brexit on UK company law [Archived]), but as of IP completion day, certain changes were made to this picture. A number of the potential changes to UK corporate law outlined prior to IP completion day were due to take place if the UK and the EU failed prior to IP completion day to enter into a
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Environment Brexit News Analysis LexisNexis® Environment has published News Analysis on a range of issues concerning the implications of Brexit, as set out in the table below. Retained EU law (REUL) is a legal concept describing EU-derived rights and legislation preserved by UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 (IP completion day). Assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under the European Union (Withdrawal) Act 2018 (EU(W)A 2018)). For more information, see Practice
CHECKLISTS
This Checklist is archived and no longer maintained. Brexit On 30 January 2019, the Insolvency (Amendment) (EU Exit) Regulations 2019 (Insolvency Brexit Regulations), SI 2019/146 were made under the affirmative procedure for Brexit SIs to address the deficiencies which would arise from the absence of mutual application of the Regulation (EU) 2015/848 (OJ L141/19), Recast Regulation on Insolvency and making consequential amendments to various legislation. The SI was effective in part from 31 January 2019 and fully from IP completion day, defined as 11.00 pm on 31 December 2020. The legislative changes include updates to the prescribed information that must be provided under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 when appointing an insolvency office-holder. In many cases the changes relate to the amended jurisdictional gateways to commence various insolvency proceedings. For proceedings commenced post-IP completion day, proceedings will no longer be opened as main, secondary or territorial proceedings; instead they will be COMI proceedings, establishment proceedings or proceedings to which the Retained Recast Regulation
PRACTICE NOTES
Tax Brexit News Analysis LexisNexis® Tax has published News Analysis on a range of issues concerning the implications of Brexit, as set out in the table below. Date News Analysis Brief description of News Analysis 11/04/2023 The Windsor Framework Tax analysis: The agreement between the UK and EU on revising the Northern Ireland Protocol, ‘The Windsor Framework’, heralds significant changes to trade with Northern Ireland, and has implications for VAT and excise rules. The UK government announced details of The Windsor Framework on 27 February 2023, which seeks to address the perceived shortcomings created by the Northern Ireland Protocol. This article considers changes to the new UK internal trade scheme, the introduction of green and red lanes, and VAT and excise rules in relation to goods. Produced in partnership with Mark Rowbotham MA FCILT of Portcullis ISC. 23/03/2022 Court of Appeal rules pre-Brexit references to the Court of Justice remain binding on UK courts (HMRC v Perfect) Tax analysis: In Perfect, the Court of
PRACTICE NOTES
ARCHIVED: This archived tracker provides a list of all Brexit-related Acts and statutory instruments that affected tax matters in the UK as at 14 April 2021. It is not maintained and is for background information only. For more information, see: Brexit, assimilated law and tax—overview. For a spreadsheet listing all tax-related Brexit Statutory Instruments and Acts, click below. The Brexit Tax Legislation tracker provides, for each SI: • Status: whether an SI is has been made
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note highlights the main changes made to Retained Regulation (EU) 596/2014 (UK Market Abuse Regulation) as part of the onshoring process which are of importance to corporate lawyers. It looks at the amendments made to article 2 (Scope), article 3 (Definitions), article 5 (Exemption for buy-back programmes and stabilisation), article 9 (Legitimate behaviour), article 11 (Market soundings), article 12 (Market manipulation), article 13 (Accepted market practices), article 17 (Public disclosure of inside information), article 18 (Insider lists) and article 19 (Managers’ transactions). The following statutory instruments are relevant when looking at the amendments made to the UK Market Abuse Regulation: • Market Abuse (Amendment) (EU Exit) Regulations 2019 (Market Abuse Regulations 2019) made on 18 February 2019 • Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (made 26 March 2019) which made amendments to the Market Abuse Regulations 2019 to make appropriate provision in relation to Gibraltar (see regulation 8), such amendments came into force immediately
PRACTICE NOTES
At 11pm UK time on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. During the implementation period (which ended at 11pm UK time on 31 December 2020, referred to as ‘IP completion day’), the UK and the EU sought to negotiate an agreement to govern their future relationship. In preparation for Brexit, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) was passed, which repealed the European Communities Act 1972 (ECA 1972) on exit day. The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was passed to facilitate the ratification and implementation of the Withdrawal Agreement into UK law, as well as to make provision for implementation of the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement. EU(WA)A 2020 amends EU(W)A 2018. In particular, it includes specific savings and transitional provisions to ensure that the UK’s obligations under EU law during the implementation period were given domestic legal effect, notwithstanding the repeal of ECA 1972. It also replaces many of