header-logo header-logo

04 October 2022
Categories: Legal News , Company , Commercial
printer mail-detail

LNB NEWS: CLLS and Law Society respond to proposed changes to the definition of 'acting in concert' in the Takeover Code

A joint working party of the City of London Law Society and the Law Society of England and Wales Company Law Committees (the Joint Working Party) has published a response to the Takeover Panel (Panel) consultation, PCP 2022/2, which proposed various amendments to the definition of acting in concert in the Takeover Code (Code).

Lexis®Library update:  The Joint Working Party has broadly welcomed the proposals but has expressed some reservations regarding the changes relating to funds and consortia of funds. The Joint Working Party also suggested that the Panel provide guidance on how it would apply the new presumptions in relation to state-owned entities, joint ventures and private equity portfolio companies and the concepts of investment managers and investment advisers.

The Joint Working Party also raised concerns about the proposal that an investor in a limited partnership or an investment fund will be presumed to be acting in concert with the limited partnership or fund and suggested that the Panel should be prepared to rebut this presumption in the context of passive fund investors where the limited partners are explicitly restricted from involvement in the running of the business (or at least in circumstances where they are interested in 50% or less of the fund).

The closing date for the consultation was 23 September 2022 and the Panel is expected to publish a response statement setting out the final amendments to the Code in late 2022. For further details, see News Analysis: Takeover Panel consults on proposed changes to concert party definition.

The Joint Working Party response can be found here.

PCP 2022/2 can be found here.

Source: PCP 2022/2: Presumptions of the definition of “acting in concert” and related matters

This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 3 October 2022 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.

Categories: Legal News , Company , Commercial
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll