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The Agenda

Issue 7: December 2022

The Agenda

Editor's Note

As we look forward to the New Year, in this December Edition, we present to you some thought pieces in two main areas:

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Heavy duties: directors' duties to consider the community and the environment

The interplay between profitability and environmental and social governance ("ESG") issues is a topic firmly fixed on the corporate agenda. Corporations are under increasing pressure from regulators and stakeholders alike to carefully consider more than just their bottom line in decision making.

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When does shareholder primacy give way to creditors? – the Supreme Court ruling on directors' duties

On 5 October 2022 the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v Sequana SA & Ors [2022] UKSC 25. In the Court's own words, this is a "momentous… decision for company law" in which it "raises fundamental questions" which are "of considerable importance". These questions "go to the heart of our understanding of company law, and are of considerable practical importance to the management of companies."

Sustainability green

Faith in Nature becomes the first company to appoint a director to represent nature

Edinburgh-based beauty company, Faith in Nature, has become the first company to appoint a director to represent nature. The non-executive director (defined in the company’s articles of association as the "Nature Guardian") will represent nature, defined as the "natural world and all non-human species that inhabit it".

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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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