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Corporate and M&A

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Read, listen and watch our latest insights

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  • 13 August 2019
  • Corporate and M&A

Fiduciary duties to company shareholders

Earlier this year I discussed the importance of good corporate governance following the decision in Stobart Group v Tinkler. Paramount to good corporate governance is the adherence to the directors’ duties, whether contractual or fiduciary. Given the inherent lack of tangibility of any duties with a fiduciary persuasion, directors can often be found wanting when trying to quantify and qualify the positions where such duties might be owed to their shareholders.

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  • 08 July 2019
  • Corporate and M&A

Taking and enforcement of charges over shares in English companies

An overriding question for the charge at the outset with any charge over shares will be the marketability of the charged shares in the event of enforcement.

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  • 01 July 2019
  • Corporate and M&A

Clarkslegal supports Turkish food importer to buy wholesaler

We are pleased to complete the acquisition of a wholesale and distribution business for a client which further bolsters existing turnover and operations in different geographical areas.

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  • 09 April 2019
  • Corporate and M&A

Importance of good corporate governance

Director’s duties are paramount to good corporate governance, as outlined by the go-to definition produced by the Cadbury Committee in 1992: “Corporate governance is the system by which companies are directed and controlled. Boards of directors are responsible for the governance of their companies. The responsibilities of the board include setting the company’s strategic aims, providing the leadership to put them into effect, supervising the management of the business and reporting to shareholders on their stewardship.”

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  • 03 January 2019
  • Corporate and M&A

Powers of Attorney and Corporate Transactions

The recent Judgment of the High Court in Katara Hospitality (a company incorporated in Qatar) v (1) Gerard Guez and (2) Jacqueline Rose EWHC 3063 (“Katara Hospitality”) highlights the importance of ensuring the proper and valid execution of an instrument and also serves as a timely reminder of the importance of ensuring that the scope of an instrument is expressly set out if it is to be successfully relied upon.

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  • 10 December 2018
  • Corporate and M&A

Discretionary right in contract

Most people would assume that, if a contract gives one party a right to do something “in its absolute discretion”, that is the end of the matter.

“We are very pleased with the support and advice received from on the recent acquisition by BMW Group UK.  With clear, concise and timely advice and management, Ashan and his team helped us navigate through some complex arrangements and seamlessly bridged the gap between the legal and commercial issues”

Amit Kotecha, Senior Legal Counsel – BMW Legal Affairs UK & Ireland 

“I was impressed with the speed, turnaround and frequency of communication in my dealings with Clarkslegal’s corporate team led by Stuart Mullins, in concluding my share purchase.” 

Nigel Keene, Managing Director – Whiteknights Estate Agents

Ashan Arif is central to our working relationship – we have a high degree of trust and confidence in his work. He was interested in our business from the outset, clear about the firm’s capability and focus, and has provided high-value and cost-effective support.

Legal 500