DBT has provided an update on the implementation of ECCTA, with a timetable going all the way up to the end of 2026.
However, they say:
'It is not currently possible to set a firm timetable for implementation of all measures as some require secondary legislation. Around 50 statutory instruments will be commenced over 18 months with implementation activity and transitional periods continuing until completion in 2027. Timelines are dependent on suitable Parliamentary time in both houses and will be kept under review.'
The update is at:
https://www.gov.uk/government/publications/economic-crime-and-corporate-transparency-act-outline-transition-plan-for-companies-house/economic-crime-and-corporate-transparency-act-outline-transition-plan-for-companies-house#implementation
The 'Forward Thinking' conference, organised by the Insolvency Service, has sent out a Call for Papers as set out below.
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Background
With the Forward Thinking conference, the Insolvency Service aims to provide a platform for insolvency academic research and technical discussions while facilitating a stronger link between academia, the insolvency sector and policy makers, and encourage feedback from interested parties. While we have yet to identify our next host venue, we are now inviting submissions for papers to be featured this coming Spring.
Call for papers
The Insolvency Service will accept submissions in all areas of personal or corporate insolvency, whether UK or international in focus. In particular, our website has a list of suggested subject matters which will be particularly welcomed: https://www.gov.uk/government/publications/the-insolvency-service-forward-thinking-conference.
We welcome scholars, researchers, postgraduate students, insolvency practitioners, the legal profession and anyone else with an interest in insolvency law and related technical matters to submit their abstracts for a paper to be presented at the conference.
The papers will be presented in person at the conference venue and broadcast simultaneously via the internet. Please note that the Insolvency Service is unable to cover the cost of travel or accommodation for presenters and delegates.
The deadline for submissions is Monday, 13 January 2025.
Conference format
We expect the one-day event to feature 8 to 10 papers, approximately 20 minutes each, with additional time for questions & answers from both in-person and online delegates.
By submitting an abstract you agree, that if your papers is selected, to attend the conference in person and for your presentation to be published online, hosted by the Insolvency Service.
Submission of Abstracts
At this stage, we only require a 500-word abstract of your paper. If you wish to submit an abstract, please send it to: conference@insolvency.gov.uk by the close of business on Monday, 13 January 2025.
Your covering email should include:
- whether you are submitting a research paper or a technical issue
- your name
- firm/affiliation/role (where applicable)
- email
- telephone number
If you have any queries, please contact conference@insolvency.gov.uk.
As many of the subscribers to this Forum will know, significant parts of the Economic Crime and Corporate Transparency Act 2023 have yet to come into force, and still other aspects require development and implementation through secondary legislation. One significant omission from ECCTA, which applies to companies and limited partnerships (LPs), was corresponding provision for LLPs.
Some provision was made earlier this year via the Limited Liability Partnerships (Application of Company Law) Regulations 2024, but these have barely scratched the surface, and we await future LLP legislation to explain how provisions currently applicable to companies and/or LPs would apply (if at all) to LLPs.
I've published a short piece on some of the potential gaps in the legislation through openDemocracy, and if you interested in reading it, it is at:
https://www.opendemocracy.net/en/how-to-fix-dark-money-new-uk-government/
Best wishes
Elspeth
This conference provides a unique opportunity for those practising in, researching, teaching or otherwise with an interest in partnership or LLP law, practice or policy, or related areas such as corporate law, employment and tax, to hear papers from leading practitioners, academics and policymakers. It is always an interesting, enjoyable and inclusive event, as demonstrated the number of delegates who return each year.
Advance registration is required. But, in order to save my grey hairs, please don't leave registration until the last moment (deadline end of August) as we need to know numbers of catering and other logistical reasons.
Please do also send the link to your contacts.
I look forward to seeing you on the day! Any queries, please email me at elspeth.berry@ntu.ac.uk.
A formal Call for Papers will be posted soon, but please put the date in your diary!
THE DEADLINE FOR REGISTRATION IS APPROACHING - PLEASE REGISTER AS SOON AS POSSIBLE (OR CONTACT ME IF ANY DIFFICULTIES).
PLEASE ALSO NOTE CHANGE TO PROGRAMME (UPDATED VERSION TO LINK BELOW). NEW SPEAKER, SIMON BOWERS FROM OPEN DEMOCRACY.
The 6th Annual Conference of the Partnership, LLP and LLC Law Forum will be held at Nottingham Law School on Thursday 14 September.
This conference provides a unique opportunity for those practising in, researching, teaching or otherwise with an interest in partnership or LLP law, practice or policy, to hear papers from leading practitioners, academics and policymakers.
Further details of the programme (including of speakers who are APP members) and registration are at https://www.ntu.ac.uk/about-us/events/events/2023/9/6th-annual-conference-of-the-partnership,-llp-and-llc-law-forum. Advance registration is required and early registration is recommended as the venue has limited capacity.
We look forward to welcoming you on the day.
Elspeth Berry
Associate Professor of Law
elspeth.berry@ntu.ac.uk
UK law firm BDBF has published a useful short article, 'Thinking about leaving an LLP? Read on'. It is available at https://www.bdbf.co.uk/thinking-about-leaving-an-llp-read-on/
In Gary Lineker and Danielle Bux T/A Gary Lineker Media v HMRC [2021] UKFTT 101 (TC), the First Tier Tribunal held that IR35 could apply to partnerships - see further casenote at https://www.devereuxchambers.co.uk/resources/news/view/ftt-releases-decision-in-gary-lineker-ir35-appeal
In HFFX LLP and Ors v HMRC [2023] UKUT73 the Upper Tax Tribunal held that profit shares distributed to individual LLP members after first being distributed to the corporate member were liable to income tax under the mixed membership rules - see further casenote at https://www.rossmartin.co.uk/sme-tax-news/6879-ut-partnership-planning-subject-to-income-tax.