The Dutch STAK foundation can be used for a variety of both charitable and commercial purposes, including by family offices to assist with estate planning and asset protection. Although use of a STAK foundation in any structure will necessitate the obtaining of Dutch legal advice and we strongly advise taking Dutch legal advice if you are considering this as an option, this summary explains their key characteristics.
The issue of sustainability for the charitable sector takes many guises, including in the way in which charities invest funds, but also in the activities which charities undertake and, by implication, fund. Sustainability as a theme can be observed through a number of different lenses and I deal below with the investment of funds and charitable activities in this context.
Recent case law has shown that the devil is in the detail when notifying a party to a share purchase agreement of a potential claim under that agreement. It’s long been a principle of English law that a potential defendant in litigation has the right to some certainty, without the spectre of litigation looming indefinitely in respect of historic events or disputes.
The EU Fifth Anti-Money Laundering Directive (5AMLD) was enacted into UK law with effect from 10 January 2020. It requires art businesses to put in place systems intended to prevent their potential use in money laundering or for various other offences (in addition to those systems already required under the Proceeds of Crime Act 2002).
A recent BVI case has shown that the Duomatic principle, which allows shareholders to informally approve a company’s actions provided they act unanimously, can apply even where actual authority has not been granted and where the ensuing action by the company is against the best interests of the shareholders.
There are, sadly, huge numbers of separated parents whose children are the subject of a 'Child Arrangements Order', being an order of the Court specifying with whom the child lives or spends time. The Covid-19 pandemic has exacerbated tensions amongst parents who must abide by such an order.
The Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 were laid before Parliament on 15 September 2020. Among other things, this statutory instrument (SI) implements the new Trust Registration Service (TRS) rules, as extended by the EU's Fifth Money Laundering Directive, which came into force on 10 January 2020. It is expected that the SI will be implemented as drafted.
We understand that dealing with separation and divorce can be highly sensitive and emotion-charged at the best of times. The COVID-19 pandemic may have added to your concerns, with additional complications to your personal circumstances or you may have additional questions on how best to start the divorce and separation process. The Forsters Family team are on hand to guide you through the best options available to you in the current circumstances and can do so in the way that is comfortable for you.
Laura Williamson, Senior Associate in our Commercial Real Estate team, looks at The Chancery Lane Project - a pro bono collective effort by lawyers to develop new drafting for contracts and laws to help fight climate change. Forsters are supporting the project.
On Tuesday 22 September 2020 Commercial Real Estate Senior Associate, Anthony Goodmaker attended the virtual Student Housing Conference 2020, together with Partner, Ronan Ledwidge. The overall message from the many speakers was one of positivity and optimism – Anthony highlights his 5 takeaways from the event.
