Company Law
Department of Business, Innovation and Skills consultation on registration of charges created by companies and limited liability partnerships
Under English law, companies are able to use any or all of their assets as security for loans. This involves the creation of a charge over the company’s assets. The scope for companies to use assets as security for loans is more restricted under Scots law as that law does not recognise fixed non-possessory charges over goods. This consultation seeks views on proposals to amend the current scheme.
The Law Society of Scotland’s response (June 2010)
Department of Business, Innovation and Skills consultation on the Companies Act 2006: Statements of Capital
This consultation looks at the new “statement of capital” provision – a snapshot of a company’s share capital that must be produced at various stages in a company’s life-cycle, including each year in its annual return. It sets out proposals for amending the requirements that balance the interest of third parties in obtaining information with the cost to the company of supplying it.
The Law Society of Scotland’s response (January 2010)
Department of Business, Innovation and Skills consultation on the Companies Act 2006: objecting to a registered address
This consultation seeks views on whether and how the law should be changed to address the problem of companies which incorrectly use, as their registered office address, the address of another business or private individual with whom they have no connection.
The Law Society of Scotland’s response (January 2010)
Department of Business, Innovation and Skills consultation on the Companies Act 2006: notices of auditors leaving office
This consultation invites comments on the options for simplifying the arrangements for the provision of information to shareholders, creditors, the audit and accounting authorities and Companies House when auditors leave office.
The Law Society of Scotland's response (January 2010)