Top 10 Corporate/Company Law Headlines from Europe The Finance Act 2009 introduced new rules regarding the taxation of foreign profits with the aim of maintaining the UK's competitive position in the global economy. In this article we consider the impact of these changes for investment trust companies and authorised investment funds. Two recent decisions, one delivered by the Privy Council and the other by the Court of Appeal, have re-examined the circumstances in which the courts will find implied terms in contracts. The presence or absence of terms such as 'without prejudice' on correspondence does not necessarily determine whether it will be protected. In a recent decision, the High Court has provided useful insight into the types of obligations an "all reasonable endeavours" clause will impose on a distributor, and a practical guide to the steps a distributor is likely to be required to take to fulfil the requirements of such a clause. The recent case of “Attorney General of Belize and others v Belize Telecom Ltd and another” has provided new guidance regarding the court's position in dealing with implied terms and interpreting a company's Articles of Association. New measures for foreign currency loans and foreign currency indexed loans. After a three year implementation programme, the final phase of the 2006 Act came into force on 1 October 2009. In accordance with the principle of equal treatment specified in the Foreign Direct Investment Law No. 4875 of 2003, foreign investors may freely set up companies in Turkey. Most of the trading disclosure requirements for UK companies under the Companies Act 2006 (the "2006 Act") came into force last year, on 1 October 2008- but for limited liability partnerships ("LLPs"), overseas companies, partnerships and sole traders, the requirements in the Companies Act 1985, or regulations made under that Act, continued to govern. In the recent cases of R v Rollins and R v McInerney, the Court of Appeal has upheld the FSA’s power to prosecute offences beyond those expressly set out in the Financial Services and Markets Act 2000 (the "Act"), including money laundering offences under the Proceeds of Crime Act 2002 ("POCA"). |