Monday 25 March 2019

Enterprise Management Incentive (EMI) Schemes . . .


Please, please don't design them yourselves - Without an understanding of the legislation (and particularly the tax effects) - otherwise you potentially risk designing something that will land the employees you wish to benefit - with a tax bill (that is unlikely to 'motivate' them)!

Please talk to 'me' early (and often) = I'd be delighted to provide you with a (good) = readable, legally accurate, concise (while comprehensive) ‘Note’ on the subject of ‘EMI Share Option Plans: Overview’ (and a host of related 'materials') = Let me know if you believe you might potentially benefit / like sight of the same!

Kind regards

Dan.Johnson@EquitableLaw.com

+44 (0) 7788 537 187 = U.K. Cell. / e-Tel.

www.EquitableLaw.com    


Saturday 23 March 2019

WTO . . . 'Heck NO'!

I don't claim that this post is original - It's largely copied and then verified by me as the publishing English Solicitor.

There is an awful lot of rubbish printed and spoken about the World Trade Organisation (usually by people with ulterior motives to lie / occasionally by gullible fools who siimply belive anything they are told).

Here's some useful WTO points to read and consider.:

1/ If the UK were to end up solely on WTO rules, then we would need a hard border in Ireland. That risks peace, stability, and the Union. Plus we don't have any time to build the infrastructure required. Like, nowhere NEAR enough time. And there aren't any "alternative arrangements", I promise. They don't exist. There isn't a single border in the world that has any. And that means a hard border.

2/ If we rely on WTO rules for trade, then we need to apply tariffs to imports. And expect that other countries will apply tariffs to our exports. That makes things more expensive for UK citizens to buy, and makes UK based businesses less able to compete. Not really sure how this is a win.

3/ If we decide we're not going to apply tariffs to imports at all, then we lose all leverage for negotiating future trade deals. What on earth would we offer them? We've already given them free access to our market.

4/ If we decide we're not going to apply tariffs to imports at all, then we destroy our own producers - why would you carry on trying to run a farm produce business when the market is flooded with much cheaper products from abroad?

5/ If we decide to only reduce tariffs on products from the EU, then the Most Favoured Nation clause (WTO rules) kicks in - this says that you can't offer more favourable terms to one bloc, and not everyone else. So - no tariffs from the EU, means no tariffs from anyone. See points 3 and 4.

6/ If you were looking forward to getting your bendy bananas back, then hard luck; this rule didn't come from the EU (no matter what Boris told you), it came from the WTO - specifically, the Codex Alimentarius. So, no change there. Except now bananas are extortionately expensive, because, well, tariffs.

7/ If you're relying on the idea that there's an obscure WTO rule that says we can just carry on trading with the EU on the same terms we have now for 10 years, then hard luck again - this isn't correct. The "rule" is Article XXIV of the GATT, and is specifically an allowance for deviating from the MFN (see 5) because you and another bloc are working towards implementing your bilateral trade deal. It requires an end point - a fully thrashed out trade agreement. It is specifically NOT a clause that comes into play when you decide to drop out of an existing trading arrangement.

8/ If one of the benefits of "going WTO" is that we can make our own rules, then I can understand that. We could decide, unilaterally, that it's too expensive for us to produce electronics with an earthing wire, so we're not going to insist on that anymore. Fine. But then we can't sell our products to our closest trading neighbours. We want to sell stuff to the EU, we need to follow their rules. Except now we don't get a say in what they are.

9/ Having a "world trade deal" sounds quite attractive - quite romantic. The idea of Britain going out on her own, bravely forging links with faraway lands - it's quite appealing.  Except trade doesn't work like that.  There's a gravity towards your closest neighbours - proximity is important. I'm more likely to sell something to France than I am to Australia - I can get it there quicker, for example, and for a much lower cost. There is no nation on earth - none - that have prioritised trading with distant countries instead of those geographically closest. We're about to be the first - which will involve a pretty brutal lesson in the realities of logistics.

10/ If we go WTO, then we need to check goods coming into our internal market - including those from the EU. We don't have the infrastructure to do this. Nor do we have the staff. Nor the time. Plus - and this is deeply ironic - once we leave the EU, the pool of people from which we can recruit to do this essential work becomes much, much smaller.  Do we have enough vets to perform the necessary checks on livestock coming into the country, for example? No. Where do we normally recruit them from? The EU. Ah, Heck!

11/ A No Deal exit was never on the cards during the campaign. It is simply all that is left, once logic and reality strip away all the lies that we were told about Brexit. No, German car manufacturers haven't been knocking on Merkel's door demanding a trade deal with the UK. No, the EU doesn't need us more than we need them. No, we don't hold all the cards. None of that was true. It was never going to be true. But rather than facing up to reality, the rhetoric has just become more and more extreme. If you're dealt a bad hand in a game of poker - if the river turns against you - you don't HAVE to go all in. There are other options. You don't need to claim that was what you intended to do all along.

All of this - all of the above. That's what Donald Tusk was talking about. People who either ignored the above, or didn't even bother to find out about it - but sold us Brexit anyway. The people who - even now - print banners that say "LET'S GO WTO!" as if it's the easiest thing in the world, and without consequence.

Don't fall for 'their' lies all over again!