Pearse Trust Blog



FATCA – An Update For The UK & Ireland

Posted by Pearse Trust on Wednesday, Aug 27, 2014

 

Further to our previous blog on FATCA wherein we observed the postponement of the implementation dates for FATCA, the regime has now been implemented since July 2014.

Jurisdictions across the world are producing local legislation and guidance in order to implement FATCA on their home soil. 

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Tags: Ireland, Legal, United Kingdom, Tax, USA

Annual Compliance Dates For New Zealand Entities

Posted by Pearse Trust on Wednesday, Aug 13, 2014

According to the Companies Act 1993, every company registered at the Companies Office must file an Annual Return with the Registrar each year, except during the calendar year of its incorporation.

Upon incorporation, the Registrar will allocate the company its ‘Annual Return Filing Month’.  The company is then required to deliver an annual return to the Registrar during that allocated filing month i.e. between the first and last day of the month. A company may opt to change its annual return filing month when filing its current annual return.

Failure to file an annual return will result in the Registrar initiating action to remove the company from the Registrar.

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Tags: Legal, Corporate Governance, New Zealand

Attestation - Unwitnessed Deeds Invalidated

Posted by Pearse Trust on Wednesday, Jul 30, 2014

Case Of Briggs & Ors v Gleeds

This blog highlights the importance of ensuring deeds are validly executed. The recent case of Briggs & Ors v Gleeds (Head Office) & Ors [2014] EWHC 1178 (Ch) (15 April 2014) deals with the consequences of the defective execution of 30 salary pension scheme documents over a period of almost 20 years.

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Tags: Legal, Trusts

Transferring Assets Between Companies Of The Same Group – UK Rules

Posted by Pearse Trust on Wednesday, Jul 23, 2014

Where one company transfers an asset to another company when both are members of the same group, then subject to certain conditions being met, the consideration on transfer will be deemed automatically to be of such an amount that the capital gains tax computation gives neither a gain or a loss. 

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Tags: Legal, United Kingdom, Tax

Overview Of The UK Small Business, Enterprise & Employment Bill

Posted by Pearse Trust on Wednesday, Jul 16, 2014

The Small Business Enterprise and Employment Bill received its first reading in Parliament on the 25 June 2014. The Bill aims to progress a number of Government commitments intended to further the UK’s reputation as a trusted and fair place to do business, and also to improve new opportunities for small businesses to operate and compete.

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Tags: Legal, Incorporation, United Kingdom

Reporting Entities In New Zealand Preparing For AML/CFT Report

Posted by Pearse Trust on Wednesday, Jul 02, 2014

Twelve months have passed since the enactment of the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009 in New Zealand on 30 June 2013. Reporting entities are now preparing to file their first annual report to their AML/CFT supervisor in respect of their first year under the new legislation.

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Tags: Legal, New Zealand, Anti-Money Laundering

Disclosure Requirements For Company Websites

Posted by Pearse Trust on Monday, Jun 23, 2014

In a world where technology and the internet are essential to most businesses it is important to be aware of the disclosure requirements for company websites.  

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Tags: Legal, EU, Website

Execution Of UK Company Documents

Posted by Pearse Trust on Monday, Jun 09, 2014

In the normal course of business, a company will be required to issue and execute many documents throughout its lifetime.

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Tags: Legal, United Kingdom, Accounting

Controlled Foreign Companies – UK Perspective, An Overview

Posted by Pearse Trust on Wednesday, Jun 04, 2014

The controlled foreign company (“CFC”) rules are essentially anti-avoidance measures with the designed purpose to prevent a company from artificially moving its profits overseas to a country with more favourable tax rates. The CFC rules apply to accounting periods beginning on or after 1 January 2013.  

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Tags: Legal, United Kingdom, Tax

The Google Decision – What It Means

Posted by Pearse Trust on Monday, Jun 02, 2014

The Complaint 

In 2009, a Spanish lawyer by the name of Mario Costeja complained that the results of a Google search of his name included links to legal notices dating back to 1998. The legal notices emanated from an online version of the Spanish newspaper and provided details of previous debt issues of Mr Costeja. Because the newspaper had posted these historical notices to its website, it was possible to continuously access them through the Google search engine. Mr Costeja asserted that the ongoing availability of these notices was a breach of his data protection rights. 

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Tags: Legal, EU, Website