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Thursday 27 September 2012

MH Corporate

Changes to the UK security registration regime

In August 2012, draft regulations were published by the Department for Business, Innovation and Skills (BIS) to amend the current procedure for registration of security at Companies House. The draft regulations seek to overhaul the existing regime for registering security created by companies and LLPs in the UK.

Earn-outs on trial

The decision in Porton Capital Technology Funds and others v 3M UK Holdings Limited and another 2011] EWHC 2895 (Comm)) demonstrates how having an earn out as part of the purchase price calculation can go wrong.

Long Arm of the Takeover Code

On 5 July 2012, the Code Committee of the Takeover Panel published a consultation paper in which it proposed the removal of the ‘Residency Test’ contained in section 3(a)(ii) of the Introduction to the Takeover Code (Code).

Commonsense and commercial contracts

A decision of the Supreme Court will have broad application for the future interpretation of commercial contracts, it having unanimously held that where the Court is asked to construe an ambiguous provision in a contract, that meaning which is most consistent with commercial common sense will be preferred.

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