SSL Certificate Extended Validation Legal Opinion Letters for English Companies

Equitable Law (Mr. Dan Johnson) wishes to record that we have considerable experience of acting for clients with web-based businesses (trading through English companies) who are seeking to enroll for SSL ' Extended Validation Certificates'.

SSL EV Certificates are (very broadly) the digital equivalents of a company stamp or seal - and are issued on behalf of a number of certification authorities (e.g. From 'StartCom', 'GeoTrust' Etc.)

Often, our clients have spent considerable wasted time dealing with a wide range of unqualified, unauthorised and / or unregulated 'legal advisers' - Whom the certification authorities (for good measure) consider unacceptable for the required purposes.

Please don't waste your time - Make contact direct!

Our turn-around times and fee proposals are extremely attractive.

Regards

Dan.Johnson@EquitableLaw.com

+1 (646) 470 1880 (Worldwide Roaming e-Tel.)   

BEWARE - Rewarding Employees With Dividend Bearing Shares (Particularly From 2016)

As a Solicitor with expertise in the fields of company (and other 'business law' areas), I have assisted with the introduction of a number of 'employee / dividend bearing share schemes' in the past.

However, I always have to advise that such schemes are generally open to challenge by HMRC, with the risk (of unpaid tax, interest & penalties) potentially falling upon the company / employer - for arguably not having operated employment related securities legislation and PAYE correctly.

It is relatively rare for such proposals to originate (or be actively supported) by a client's general / ongoing (accountancy &) taxation advisers - As many are nervous of being considered by HMRC as assisting with or promoting the implementation & operating of such schemes (which then potentially risks their other clients affairs being more closely examined by HMRC!)

Accordingly, most persons who request such services have often been advised by 'an acquaintance in business' (a.k.a. 'their mate in the bar at the golf club') and they may choose to take the risks involved in such schemes - upon the (arguably - not unreasonable) view that HMRC may not have the manpower (or other resources) to identify and challenge such arrangements.    

However, anyone currently considering such schemes (i.e. in late 2015) needs to be aware that in the July 2015 H.M. Government Budget it was announced that the taxation of dividends will be reformed, with legislation to be introduced in 2016.

The government noted that the reform would "reduce the incentive to ... remunerate through dividends rather than wages to reduce tax liabilities".

The impact on the use of shares to reward employees in general will not be clear until detailed legislation is published (next year), but it is believed probable that it will make such share based / dividend  schemes generally incur more tax in aggregate (i.e. Corporation Tax + Income Tax) than simply paying elements of remuneration under PAYE (for which the company / employer enjoys a deductible expense).

Beware of anyone who currently seeks to advise you to implement such a scheme without providing the above warning - particularly now - as they are likely to be wasting your money!

Dan Johnson (of Equitable Law) has now prepared a relatively concise and clear note upon the relevant issues, so that any interested parties are aware of the current potential problems (and likely additional problems - in the future) of seeking to implement such a scheme.  Please let me know if you would like a copy of the same.

However - Notwithstanding the above - If you wished to proceed with such a scheme - They can be introduced relatively cost effectively and with minimal effort (albeit their days appear numbered!).

We would be happy to discuss any issues arising from the above - Particularly with anyone currently operating such a scheme or those who are interested in potentially legal and practically workable arrangements to reduce the charges to tax.    


October 2015


Dan.Johnson@EquitableLaw.com


07788 537 187 (U.K. Cell. Tel.)

Twenty Five (25) Years Earning a Living Within Solicitors Practices . . .

Receipt of the annexed 'Practising Certificate' for next year - Reminds me that I have just concluded - Slightly over twenty five (>25) years earning a living within Solicitors' practices.

Roll on twenty five (25) years as a qualified Solicitor . . .

I tell you - There's not a working day goes past that I don't feel exactly the same as I did commencing work in September 1990 (Yep - that's last century!)

Onwards & upwards . . .

;-)

Intuit is closing its 'Slideshare' competitor, 'Docstoc' on 1st December 2015

I saw this story recently which has prompted this blog : https://lnkd.in/eJuHepH 

Elements of this story are really quite strange - Not least the fact that NASDAQ traded 'Intuit' appears to have valued the relevant venture (upon acquisition) at 'upwards of USD $50 million' in December 2013, before closing the venture down within two (<2) years!

Fundamentally, my view is that if a businessman wants access to (say) a template legal document (for use in their business), they can most likely do an awful lot better than spend considerable time trying to find an appropriate 'base' document by 'trawling the internet'.

A considerable part of the skill of a qualified lawyer is in selecting a carefully drafted precedent, which is legally up-to-date (in the relevant jurisdiction in which it will be used) and which is otherwise an entirely appropriate document (often with drafting / guidance notes) for use in the relevant envisaged circumstances.

Such a document can be provided by a lawyer for a clients' own use - quickly, easily and for a very modest fee.

Don't believe me - Please feel free to try me!

Should further legal input by way of advice and / or assistance be (in practice) required, I (personally) would much rather take that action in relation to a precedent / template I had provided - rather than the instruction which all lawyers dread, namely :

e.g. 'I've found a document upon the internet and drafted from it to fit my purposes, but I'm not sure about one or two elements, so please will you review what I've done and approve it for me'.  

More often than not, such an approach leads to an unavoidable recognition that it is simply not possible to turn the resultant 'sow's ear into a silk purse' (at least not without uneconomic expense).

I am reminded of the anecdote of the traveler in a strange land, who hopelessly lost - consultants the locals for assistance as to how to reach the traveler's destination.
'I wouldn't start from here' came the reply!

For some reason - That always makes me laugh!

Do please let me know if I can help - prior to taking a D.I.Y. approach.

The result will be much better and not as expensive as you may think.   

Dan.Johnson@EquitableLaw.com
 +44 (0) 7788 537 187 (U.K. Cell.)

BIS Publishes Consumer Rights Act 2015 - Summary and Checklist

H.M. Government's Department for Business Innovation & Skills (BIS) have published a plain English summary of the key elements of the Consumer Rights Act 2015 (CRA).

The main parts of the Consumer Rights Act 2015 came into force on 1st October 2015.

The Consumer Rights Act replaces a number of laws with regard to business-to-consumer transactions, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

It will be clearer and easier to understand, meaning that consumers can buy and businesses can sell to them with confidence.
BIS's summary is not intended to be a comprehensive guide to the new consumer rights, but rather a general overview, focusing on the most common issues.

The summary can be downloaded and edited in Word format so that traders can tailor the wording to their own business, in order to assist both staff and customers.

The guidance also covers the new alternative dispute resolution requirement under the Consumer ADR Regulations (SI 2015/542) that requires traders to provide certain information about ADR to consumers.

BIS has also published a checklist for the CRA to help businesses to be sure they are ready for the changes made upon 1st October.

Both the summary and checklist can be accessed by clicking on the link below.

http://www.businesscompanion.info/en/news-and-updates/consumer-rights-act

Equitable Law - Diversity Data

In accordance with this business' professional obligations (pursuant to the requirements of the Solicitors Regulation Authority), we publish this business' diversity data below :-  

Question	Response	Solicitor (partner/director)
1. Select the category which best describes your role in the firm		1
2. How would you describe your role in the firm?	Sole practitioner, partner, member or director of the firm	1
	Associate or Assistant	0
	Other employee or staff member	0
	Prefer not to say	0
	Invalid response	0
3. Do you have a share in the ownership of your organisation (eg equity partner, shareholder)?	Yes	1
	No	0
	Prefer not to say	0
	Invalid response	0
4. Do you have responsibility for supervising or managing the work of lawyers or other employees?	Yes	1
	No	0
	Prefer not to say	0
	Invalid response	0
5. From the list of age bands below, please indicate the category that includes your current age in years:	16 - 24	0
	25 - 34	0
	35 - 44	0
	45 - 54	1
	55 - 64	0
	65+	0
	Prefer not to say	0
	Invalid response	0
6. What is your gender?	Female	0
	Male	1
	Prefer not to say	0
	Invalid response	0
7(a) Do you consider yourself to have a disability according to the definition in the Equality Act?	Yes	0
	No	1
	Prefer not to say	0
	Invalid response	0
7(b) Are your day-to-day activities limited because of a health problem or disability which has lasted, or is expected to last, at least 12 months?	Yes, limited a lot	0
	Yes, limited a little	0
	No	1
	Prefer not to say	0
	Invalid response	0
8. What is your ethnic group?	Bangladeshi	0
	Chinese	0
	Indian	0
	Pakistani	0
	Any other Asian background	0
	African	0
	Caribbean	0
	Any other Black background	0
	White and Asian	0
	White and Black African	0
	White and Black Caribbean	0
	White and Chinese	0
	Any other Mixed / multiple ethnic background	0
	British / English / Welsh / Northern Irish / Scottish	1
	Irish	0
	Gypsy or Irish Traveller	0
	Any other White background	0
	Arab	0
	Any other ethnic group	0
	Prefer not to say	0
	Invalid response	0
9. What is your religion or belief?	No religion or belief / Atheist	1
	Buddhist	0
	Christian	0
	Hindu	0
	Jewish	0
	Muslim	0
	Sikh	0
	Any other religion	0
	Prefer not to say	0
	Invalid response	0
10. What is your sexual orientation?	Bisexual	0
	Gay man	0
	Gay woman/lesbian	0
	Heterosexual/straight	1
	Other	0
	Prefer not to say	0
	Invalid response	0
11. Did you mainly attend a state or fee paying school between the ages 11 - 18?	UK State School	1
	UK Independent/Fee-paying School	0
	Attended school outside the UK	0
	Prefer not to say	0
	Invalid response	0
12. If you went to University (to study a BA, BSc course or higher), were you part of the first generation of your family to do so?	Yes	0
	No	1
	Did not attend University	0
	Prefer not to say	0
	Invalid response	0
13. Are you a primary carer for a child or children under 18?	Yes	0
	No	1
	Prefer not to say	0
	Invalid response	0
14. Do you look after, or give any help or support to family members, friends, neighbours or others?	No	0
	Yes, 1 - 19 hours a week	1
	Yes, 20 - 49 hours a week	0
	Yes, 50 or more hours a week	0
	Prefer not to say	0
	Invalid response	0

Number of non-respondents: 0

Equitable Law Advises Regarding The Establishment Of A New Islington Based Kitchen Business

Equitable Law is delighted to announce the opening in Islington, London of our client's new kitchen design, supply & fitting business - 'Mobalpa Islington'.

Mobalpa is one of Europe's leading kitchen manufacturers with over 100 years of craftsmanship having brought satisfaction to more than a million customers with fully customised kitchens.

Mobalpa Kitchens are renowned for the design, manufacture and distribution of kitchens, bathrooms and living solutions having been established since 1907.

With over 580 outlets worldwide and producing more than 55,000 kitchens per year, Mobalpa hhas recently decided to 'roll out' its business concept in the UK.

Mr Dan Johnson of Equitable Law commented : "It has been a pleasure to assist Mr. Edmund Thai and Miss Yee Yau with their plans for a Mobalpa franchise, and this business wishes them every success".

Mr Edmund Thai commented : "Our heartfelt thanks to Mr. Dan Johnson for his legal advice and assistance with regard to the commercial agreements relating to this franchise (and to his associated colleagues - regarding the business premises property arrangements).  We fully recognise that dealing with experienced and expert legal advisers avoids complications and complexity - allowing us to run a successful business with the minimum of effort and expense".  

Further details re: Mobalpa Islington are available at :-  www.Mobalpa-Islington.co.uk

Further details re: Equitable Law are available at :- www.EquitableLaw.com