The Crown Prosecution Service reports that a care home in Nottingham was fined £300,000 for corporate manslaughter at Nottingham Crown Court recently. The conviction arose following the death of an 86 year old lady who suffered pneumonia, as a result of serious failings in the provision of personal care, nutrition and support provided by the home. According to reports, the post mortem confirmed that neglect had directly contributed to her death. Continue reading
How addressing board culture can be essential to mitigating risk
Although there has never been exact science to prove a direct link between poor boardroom culture and business failure, many commentators believe that a company’s performance is affected in some way by the tone set by those at its helm. Continue reading
MPs blame “catalogue of failures” for Kids Company demise
A salutary lesson will have been provided to both charities and those considering the use of company secretarial services by the report released by MPs in early February on the circumstances that led to the collapse of the charity Kids Company.
Kids Company’s closure in August followed controversy over the management and finances of the charity founded by Camila Batmanghelidjh in 1996. Now, the Commons Public Administration and Constitutional Affairs Committee (PACAC) has released the results of its inquiry, describing the charity’s collapse as the result of an “extraordinary catalogue of errors”. Continue reading
New Sentencing Guidelines preceded by highest ever UK fine for corporate manslaughter
The death of a crane driver has led to the conviction of corporate manslaughter for a mobile crane hire company, making it the first in the UK to suffer such ignominy. Despite the verdict being handed down before the introduction of new, tougher Sentencing Guidelines this month, the level of the fine sends out a strong message to all UK organisations that may need to invest further in risk and compliance services. Continue reading
Smith and Ouzman case shows the very real costs of bribery
If there is one recent development that will have increased the importance of many organisations to undertake a comprehensive company governance review, it is surely the recent case of the Eastbourne printing firm, Smith and Ouzman Limited, which was hit with a £2.2 million fine in relation to bribery offences. Continue reading
Why it isn’t always a good idea to ‘buy back’
In 2014, a $1 billion share buyback programme was initiated by Glencore plc, the biggest mining company in the world that has also strong interests in coal, copper and commodities. This move typified an ongoing trend of companies acquiring their own shares that has proved especially prevalent in the United States, with 2014 seeing a more than 50% rise in the use of company buybacks. Continue reading
Lord Davies sets 2020 target of one-third female FTSE 350 boards
Lord Davies’ final summary report on increasing the representation of women on the boards of FTSE companies will make interesting reading for many of those organisations conducting a corporate governance review or taking advantage of any of London Registrars’ other governance and compliance services.
Women on boards: 5 year summary was issued on 29th October 2015, with the Government fully supporting all of its recommendations – including a new target for the proportion of women on the boards of the UK’s 350 biggest companies (the FTSE 350) to reach 33% by 2020. This would amount to about 350 more women board members. Continue reading
New Enterprise Bill aims to encourage UK business
It will doubtless be hoped by Government that limited company incorporation services like those offered by London Registrars will be in even greater demand following the publication of a new Enterprise Bill aimed at driving growth, creating jobs and ensuring “economic security for all”. Continue reading
Corporate Manslaughter and Corporate Homicide Act 2007
Introduction
The Corporate Manslaughter and Corporate Homicide Act 2007 (‘the Act’), which came into force in April 2008, was a landmark in law which for the first time allowed the authorities to prosecute organisations where a corporate management failing has led to the death of an individual, resulting from a breach of Health and Safety at Work. Continue reading
Good intentions are major factor in ‘market value’ intra-group transfers
One subject that may puzzle those approaching London Registrars for commercial law consultancy services is that of intra-group transfers of assets – including shares in other group companies – by sale or distribution. While such transfers are common in corporate transactions such as group restructurings, demergers and pre-sale reorganisations, ensuring that such transfers are at ‘market value’ has long worried some company directors. Continue reading