Knowledge

Our knowledge resources reflect the breadth and depth of our expertise, our insight into the issues which matter to your business, and our understanding of the markets in which you operate.

Knowledge

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Salaried members rules: the position for LLPs after BlueCrest

Emily Clark (Head of Asset Management) and Ian Zeider (Knowledge Counsel) have recently co-authored a Tax Journal article on the Upper Tribunal's decision in HMRC v BlueCrest Capital Management (UK) LLP relating to the application of the salaried members rules. In its decision, the Tribunal rejected HMRC’s restrictive interpretation of the exclusions from salaried member status.

Private Equity International: Sharpening impact's blurred edges

Funds Partner Jeremy Elmore and Financial Services & Markets Senior Consultant Simon Witney have featured in the latest edition of Private Equity International's Impact Investing Report. In this keynote interview, Jeremy and Simon discuss how greater clarity, precision and standardisation can help the impact investing market reach its full potential.

Tax Journal Article: GE Financial, treaty residence, and the meaning of ‘business’

The Upper Tribunal in GE Financial Investments Ltd v HMRC allowed the taxpayer’s appeal, holding that the treaty’s purpose of preventing double taxation was a key factor in the interpretation of who benefitted from its protections and that HMRC was wrong to suggest that a direct connection to the taxing state was required in addition to worldwide taxation. It upheld the First-tier Tribunal’s decision that the taxpayer did not carry on a business in the US, finding that it was open to the tribunal to come to that conclusion on the basis that the taxpayer was effectively a conduit.

International Comparative Legal Guides: Alternative Investment Funds 2023 - Sustainability Transition: Is the Grass Always Greener?

In their expert analysis chapter for the latest edition of the International Comparative Legal Guides for Alternative Investment Funds, Travers Smith Funds Partner Jeremy Elmore and Associate Rory Page discuss the opportunities that effective ESG engagement may provide for asset managers, existing ESG regulations and the basis on which it can provide a competitive advantage to GPs. 

What does the Retained EU Law Act mean for Employment?

The Retained EU Law (Revocation and Reform) Act (REUL Act) has recently received Royal Assent. Here we consider the impact of the REUL Act on employment law, including a range of employment rights derived from EU law, and the impact on equality law.

JIBFL - The initial margin "big bang": the aftermath

In their recent "In Practice" article, "The initial margin "big bang": the aftermath", Derivatives & Structured Products Partner Joseph Wren and Derivatives & Structured Products Associate Nick Morgan consider the key issues and challenges that remain for buy-side entities following the final phase-in of initial margin requirements under EMIR and UK EMIR. If your business is impacted by any of the topics considered in this briefing, please do get in touch with the authors or your usual Travers Smith contact.

Pensions De-risking

We are pleased to present the first edition of "Pensions De-risking", our periodical update on developments in the pensions de-risking marketplace. This first edition includes topical content on illiquid investments in the context of de-risking activity and links to other Travers Smith content on the increasingly recurring theme of pension scheme surpluses.

European Commission refuses to let the dust settle on the EU Taxonomy

On 5 April 2023, the Commission launched a consultation on its draft of the long-awaited technical screening criteria ("TSC") for the four remaining Taxonomy objectives, sometimes known as "TAXO4"1.  The TAXO4 TSC were initially intended to be in place by 1 January 2023, a year after the TSC for the first two environmental objectives, but have been significantly delayed. Therefore, the draft's publication finally provides a fuller picture of the Taxonomy and gives those with ambition to align to the remaining environmental objectives an idea of the scale of that task.

Real Estate Briefing April 2023

At the start of the 2023/24 financial year, we focus on 5 focal points of interest to the real estate sector: regulatory change, updates to real estate taxation, some proposed changes to the planning regime, ongoing reform to construction law and some caselaw reports from real estate disputes.

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