Corporate analysis: The Court of Appeal has considered whether a UK company could effect a merger pursuant to the Cross-Border Merger Regulations 2007 where the only non-UK EEA company involved in the transaction was a dormant entity. Overturning the Companies Court’s earlier decision, the Court of Appeal held that the transaction fell within the scope of the Regulations.
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Corporate analysis: The Takeover Panel (Panel) has published a response paper confirming that it will be proceeding with various amendments to the presumptions contained in the definition of acting in concert and related provisions in the Takeover Code (Code). The analysis includes market commentary
Scheme document—scheme of arrangementIN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESCOMPANIES COURT (ChD)No. [This number will be assigned by the Court] of [insert year]In the matter of[insert name of offeree company]andIN THE MATTER OF THE COMPANIES ACT 2006SCHEME OF
Schemes of arrangement—advantages and disadvantagesIn recent years, schemes have been the structure of choice for the majority of offerors implementing a takeover despite the prohibition of cancellation schemes in the context of a takeover and the removal of the incidental stamp duty advantages of a
Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
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