January 2012 Archive

Secured lenders need to detect and prevent mortgage fraud

There are currently a number of good reasons why secured lenders ought now to be reviewing their books to unearth any mortgage fraud lurking. Limitation is the eternal enemy of claimants and although the Nykredit case of 1997 set out with apparent certainty how it operates for lenders, there have been developments in other arenas that may give rise to concerns about how time bar might operate in practice. Also the advantageous funding regime for claimants is under very serious threat, so acting fast is essential if you want to use it.

Is this the "decade for employee share ownership"?

Nick Clegg’s keynote speech to the City of London earlier this year extolled the virtues of employee share ownership. His view that “too few people…have a real stake in their firms” and his announcement that he wants this current decade to be known as the “decade for employee share ownership” raised both the profile of employees acquiring shares in their employers and also a number of key questions.

Bespoke articles and shareholder agreements for companies

In the absence of a written shareholders’ agreement, the relationship between the shareholders of a company is governed by the company’s articles of association, the Companies Act 2006, case law and certain other relevant pieces of legislation. The default provisions under the articles of association and company law may not always be suitable for all companies and very often a formal written shareholders’ agreement is desirable, or necessary, to vary certain of the shareholders’ rights and obligations.
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