Establishing a Presence in the UK - An Introductory Guide for Business

Introduction

This 4-part modular box set webinar will provide you with a guide on how the legal system in England operates.

It is aimed at those based outside of the UK with an interest in the English legal system relating to company law.

What You Will Learn

This box set includes the following:

Module 1 - How the Legal System in England Operates (30 minutes)

• The distinction between different types of law (criminal and civil)
• The structure and operation of the courts and tribunals system
• What is meant by case law, precedent and legislation
• An overview of the rules and presumptions used by courts when interpreting statutes
• Arbitration as an alternative to litigation
• Alternative Dispute Resolution (mediation) as an alternative to litigation

Module 2 - Establishing a Presence in the UK (30 minutes)

This module will analyse the three common ways of establishing a presence in the UK; either by incorporating a UK private limited company as a subsidiary of an overseas parent, by setting up a UK branch of an existing non-UK entity or by acquiring an existing UK company and will cover the following:

• Why London is a popular choice of location for a business
• The distinction between a private limited company and a UK establishment (branch) and the benefits and drawbacks to each method of establishing a presence in the UK; and
• Alternatives to these methods

Module 3 - Incorporating a UK Private Limited Company as a Subsidiary (and the Tricky Elements of Form IN01) (30 minutes)

This module will analyse how to create your own private limited company as a subsidiary (for example of an overseas parent).

Some of the key elements involved in incorporating a UK private limited company, including the more complex elements of the Form IN01 will be explored as follows:

Terms to be covered (all number references correlate to Form IN01 numbers)

• A2 - Name restrictions
• A3 - Exemption from using Limited/Ltd
• A5 - What is a SIC Code?
• A8 - Which articles of association should I select?
• A9 - What is entrenchment?
• D4 - What is a Section 243 exemption?
• G1 - What is a statement of guarantee and when do I need to complete it?
• Part 6 - Election to keep information on public register? What is this and why would I wish to complete this?
• L1 - Consent to act - what do I have to do?
• N1 - What is the statement of compliance?
• Checklist pointers

Module 4 - People with Significant Control - The Latest Position for Compliance (1 hour)

This module will cover the PSC Register requirements brought about by the Small Business, Enterprise and Employment Act in order for you to ensure your clients remain fully compliant with the legislation.

This module will include a focus on the implications for being an overseas parent company owner and will cover the following:

• Definition of PSC
• Areas of complexity including indirect ownership, overseas companies, trusts and joint arrangements
• Steps a company must take to identify PSCs
• PSC Register requirements/sample register
• Filing requirements (and relevant changes since the 4th Money Laundering Directive)
• Compliance suggestions/practical tips
• Consequences of non-compliance

This webinar was recorded on 3rd August 2021