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The Agenda

Issue 6: October 2022

The Agenda

Editor's Note

In this edition, we consider the Department for Business, Energy and Industrial Strategy's recently published market guidance notes, which provide helpful clarification on various aspects of the regime.

Read the full note

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The use of NFTs in corporate transactions

For many, Non-Fungible Tokens (NFTs) have become synonymous with art, gaming and digital collectibles, but in this article, we discuss how NFTs may be used in Corporate transactions.

Abstract digital hexagons over neon lights

Warranty and indemnity insurance trends in a challenging market

The M&A market is facing a series of consecutive challenges. Whilst trying to recover slowly from a worldwide pandemic, Russia's invasion of Ukraine and the associated political instability has led to an inevitable acceleration of an economic crisis driven by spiralling energy costs. Warranty and indemnity insurance, which has in recent years become a widely used risk allocation solution in M&A transactions, has not been spared by the impact of that economic turmoil.

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Prohibition on corporate directors: what to expect

The Corporate Transparency and Register Reform White Paper, published in February 2022, confirmed the Government's intention to proceed with a wide range of reforms to Companies House and corporate transparency measures. The reforms focus on preventing corruption and organised crime, protecting individual and businesses from fraud and promoting economic growth.


National Security and Investment Act – new market guidance will help navigate the regime as the first final order is published

The National Security and Investment Act 2021 came into force fully on 4 January this year. The first annual report on the operation of the Act was published in June, and more recently in July the Department for Business, Energy and Industrial Strategy (BEIS) published a set of market guidance notes, based on an analysis of notifications received under the Act and feedback from stakeholders.

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Service by NFT: A new weapon to combat crypto fraud

For the first time, the High Court has granted an order to serve proceedings by transferring a Non-Fungible Token ("NFT") onto unknown fraudsters' crypto wallets. Mr Justice Trower's order in the case of Fabrizio D’Aloia v. (1) Persons Unknown (2) Binance Holdings Limited & Others seems to have made good on the English Court's desire to embrace the digital environment, in which much litigation is now focused.

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Overseas entities owning UK property: act now to avoid missing 31 January deadline

The UK's "Register of Overseas Entities" launched on 1 August 2022. In the Government's words, the rationale for the new register is to require "anonymous foreign owners of UK property to reveal their real identities to ensure criminals cannot hide behind secretive chains of shell companies, setting a global standard for transparency."

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