9 November 2018
Falling Foul of False Filings
Company directors have a legal duty under the Companies Act 2006 (“the Act”) not to file false information on Companies House. Knowingly or recklessly delivering information or making a statement to the Registrar of Companies that is misleading, false or deceptive is a criminal offence under s.1112 of the Act and can lead to imprisonment and/or a fine.
28 June 2018
FCA Dear CEO letter on cryptoassets – a warning to firms
On 11 June, the UK Financial Conduct Authority (FCA) issued a “Dear CEO” letter on how banks should deal with the financial crime risks associated with “cryptoassets”. The FCA defines cryptoassets as publicly available mediums of exchange that feature a distributed ledger and decentralised system for exchanging value, such as Bitcoin and Ether. These assets are more commonly known as cryptocurrencies.
21 June 2018
Is a shareholder agreement important for my new startup?
You have successfully incorporated your new startup company and are all set to grow your business. What is one of the first things you should do? Without a doubt, if you have two or more shareholders, you should consider a shareholders’ agreement. It is easy to postpone putting a shareholders’ agreement (aka founders’ agreement) in place, but it is important. Why? Because it can regulate how changes in the company in the future will be dealt with including how decisions will be made, what would happen if a shareholder wanted to leave or became ill and, most importantly, what would happen if the shareholders had a disagreement.
15 June 2018
GDPR: The significance of the new principle of accountability
The GDPR has introduced a new accountability principle: the data controller “shall be responsible for, and be able to demonstrate compliance, with” each of the six principles of the GDPR. For a principle summarised in 10 words, there is a significant amount of work required by organisations to ensure accountability. And there may be significant consequences if this work is not undertaken.
20 February 2018
GDPR & Brexit: Data transfers from the EU and the UK’s new status as a “third country”
The GDPR is coming into force on 25 May 2018. The UK is leaving the EU at 11pm on 29 March 2019. No doubt these dates are engraved into the minds of most business owners. But while these deadlines are enough on their own to leave you with plenty to worry about, it is also important to consider the interplay between the two – that is to say, what will Brexit mean in terms of the GDPR?