The Agenda Issue 7: December 2022 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: Read the full note News 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. News 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." News 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". News UK corporates: Economic Crime and Corporate Transparency Act brings wide-ranging reform The Economic Crime and Corporate Transparency Act has received Royal Assent. The Act will significantly reform the way UK companies are incorporated, tackle misuse of limited partnerships and redefine the role of Companies House from that of a registry to a proactive regulator. News 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." News European Court of Justice strikes down public registers of beneficial ownership In a seminal judgment, the Court of Justice of the European Union (CJEU) has held that registers containing the personal details of ‘beneficial owners‘ of companies and accessible to the public at large infringe fundamental rights. Subscribe Never miss a publication by signing up to our mailing list Subscribe The Agenda: Subscribe The Agenda Issues Issue 17 Mar 2025 Issue 16 Dec 2024 Issue 15 Sep 2024 Issue 14 May 2024 Issue 13 Feb 2024 Issue 12 Nov 2023 Issue 11 Sep 2023 Issue 10 Jul 2023 Issue 9 May 2023 Issue 8 Mar 2023 Issue 7 Dec 2022 Issue 6 Oct 2022 Issue 5 Jul 2022 Issue 4 May 2022 Issue 3 Feb 2022 Issue 2 Sep 2021 Issue 1 Jul 2021 Share
News 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.
News 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."
News 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".
News UK corporates: Economic Crime and Corporate Transparency Act brings wide-ranging reform The Economic Crime and Corporate Transparency Act has received Royal Assent. The Act will significantly reform the way UK companies are incorporated, tackle misuse of limited partnerships and redefine the role of Companies House from that of a registry to a proactive regulator.
News 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."
News European Court of Justice strikes down public registers of beneficial ownership In a seminal judgment, the Court of Justice of the European Union (CJEU) has held that registers containing the personal details of ‘beneficial owners‘ of companies and accessible to the public at large infringe fundamental rights.