The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
For anyone who is currently restrained by their Rules, Articles or constitution from holding their General Meeting or have held such in breach of their governing documents hoping for minimal reprisals, help is on the way!
The Government yesterday (20 May), presented a (Corporate Governance and Insolvency) Bill to put in place a series of measures to help; including allowing organisations including companies, Charitable Incorporated Organisations (CIOs) and Registered Societies, to hold General Meetings (GM), including Annual General Meetings (AGM) even where the governing documents do not permit such to be held virtually and in some cases, explicitly require a minimum number of Members/Shareholders to be physically present.
Whilst not law yet, the proposals temporarily allow organisations to hold an AGM or GM during the six months from 26 March to 30 September virtually and the measures are also to be applied retrospectively.
For those forced to postpone AGMs due to be held after 26 March, they will also be given a limited period after the Bill is passed to hold those AGMs for a maximum period of up to eight months; Regulations to follow.
Whilst these measures will be welcomed by many, they are temporary and will not alleviate these issues for the long term. Rules, constitutions and Articles should therefore still be reviewed and amended to ensure that the organisation can continue to function in the long term.
For any advice in respect of the Government proposals, governance arrangements generally or to seek advice about changing your governing document, please contact Sarah Patrice or a member of the governance team.
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
In June we took on the challenge to become a Sepsis Savvy organisation - I'm really pleased to announce we've done it!
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
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