John Whittaker, Mr John Machell KC

The Law of Limited Liability Partnerships

• Gebundenes Buch

Produktbeschreibung

The Law of Limited Liability Partnerships, Fifth Edition is an indispensable book for all those who advise on the legal and taxation aspects of incorporating and running an LLP. It combines concise description, practical guidance and penetrating analysis of problem areas. It also offers an international perspective through a comparative analysis of the UK LLP structure and those being enacted overseas in Canada, Dubai, India, Japan, Qatar, Singapore, the USA and other jurisdictions. Comprehensively setting out the law of LLPs in England and Wales, the Fifth Edition includes coverage and analysis of: - Newey J's decision in Hosking v Marathon Asset Management LLP [2017] on the application of the fiduciary forfeiture rule to LLP profit sharing - the Court of Appeal decision in Grupo Mexico de CV v Registrar of Companies [2019] on rectifying the companies and LLP registers - recognition of the limited liability of foreign LLPs in the light of the Privy Council decision in Investec Trust (Guernsey) Limited v Glenella Properties Limited [2018] - ICC Jones's decision in McTear v Eade [2019] in relation to provability of debts owed to members and insolvency setoff - decisions on section 214A of the Insolvency Act 1986 - further development of the law on repudiation of LLP agreements - the continuing development of the law on discretionary decision making in the light of the Supreme Court decision in BP Shipping v Braganza [2015] and on duties owed by LLP members - decisions on derivative claims in Harris v Microfusion 2003-2 LLP [2016] and Kallakis v AIB Group PLC [2020] - administration orders in Patley Wood Farm LLP v Brake [2016] Specialist contributors have written chapters on: Financial Services Regulation and LLPs; Taxation of LLPs; Members and Discrimination; and Whistleblower Protection.

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Produktdetails

• Verlag: Bloomsbury Publishing PLC
• 5 ed
• Seitenzahl: 800
• Erscheinungstermin: 29. Juni 2021
• Englisch
• Abmessung: 251mm x 157mm x 48mm
• Gewicht: 1430g
• ISBN-13: 9781526516695
• ISBN-10: 1526516691
• Artikelnr.: 59908924

Autorenporträt

John Whittaker, Consultant Editor, was a barrister at leading chancery/commercial chambers Serle Court until his retirement. John Machell KC is a barrister at leading chancery/commercial chambers Serle Court. He has a broad commercial chancery practice, and particular experience of large-scale litigation involving fiduciary duties, fraud and trusts, particularly with an international dimension. He is regarded as one of the leading partnership and LLP silks and has experience of a wide range of both contentious and non-contentious matters across the whole range of business sectors. An increasing part of his work involves issues arising from the use of partnerships and LLPs in hedge fund and private equity structures; in international commercial group structures; and as part of wealth planning strategies. >"John Machell is one of the leading lights in the partnership arena." - Chambers & Partners 2020 "The leading partnership silk; he is clever, quick, hardworking." Legal500 2019

Inhaltsangabe

Chapter 1 Overview and Introductory Matters Chapter 2 Incorporation Chapter
3 The Corporate Entity Chapter 4 Formalities and Requirements after
Incorporation Chapter 5 The LLP and the Outside World Chapter 6 Charges and
Debentures Chapter 7 Conversion from a Partnership Chapter 8 Membership:
General Matters Chapter 9 Employment and Worker Status Chapter 10 The LLP
Agreement: General Principles Chapter 11 The LLP Agreement: Contents
Chapter 12 Designated Members Chapter 13 Duties and Responsibilities of
Members Chapter 14 Rights, Indemnities and Protection of Members Chapter 15
Discrimination and Whistleblower Protection Chapter 16 Funding and Profits
and Losses Chapter 17 The Business and Affairs of the LLP: Conduct and
Decision-Making Chapter 18 The Member and the Outside World Chapter 19
Cessation of Membership and its Consequences Chapter 20 UK Financial
Services Regulation and LLPs Chapter 21 Accounts and Audit Chapter 22 The
Appointment and Position of Auditors of LLPs Chapter 23 Taxation of LLPs
and Members Chapter 24 Investigations, Striking Off and Rectification of
the Register Chapter 25 LLPs in Other Jurisdictions Chapter 26 Foreign
Connections and Dealing with Overseas LLPs Chapter 27 Insolvency and
Winding up of LLPs: A General Introduction Chapter 28 Moratorium and
Voluntary Arrangements Chapter 29 Administration Chapter 30 Receivership
Chapter 31 Commencement of Winding Up Chapter 32 Unfair Prejudice and Just
and Equitable Winding Up Chapter 33 Conduct of the Liquidation Chapter 34
Misfeasance and Adjustment of Prior Transactions Chapter 35 Completion of
the Winding Up and Dissolution Chapter 36 Arrangements and Reconstructions
Chapter 37 Disqualification Appendix 1 Limited Liability Partnerships Act
2000 Appendix 2 Limited Liability Partnerships Regulations 2001, SI
2001/1090