Thursday, March 04, 2010

New's New News! Intellectual Property Watch reports Release of New Senate Patent Reform Bill Details

Intellectual Property Watch reports that New Senate Patent Reform Bill Details Released

William New writes ("New's new news"):
"United States Senate Judiciary Committee bipartisan leaders today released details of much-anticipated compromise legislation aimed at reform of US patent laws. The new bill ostensibly makes significant steps toward resolving longstanding differences in legislative efforts to modernise US law for patent quality and efficiency, and make it more compatible with international laws.

The new bill, referred to as the managers’ amendment, is being touted as providing a critical boost to innovation. The bill must go to the full Senate for a vote, and must be passed in the House of Representatives as well.

The senators’ press release is available here.

The proposed amendment, over 100 pages, is available here [pdf]."
Read "New's New News" here in entirety.

German Nationals Forming a UK Company

German Nationals Forming a UK Company

Forming a private limited company in the UK is a simple process and has a low set up cost. If you are intending to trade in the UK, it appears to your customers and suppliers as though they are dealing with a UK based entity.

As the shareholder and/or director of the company you can remain ordinarily resident in Germany. There are no residency requirements for the first subscribers, subsequent shareholders or directors of an English private limited company and directors and secretaries of private limited companies are not required to have any particular qualifications.

A private limited company can be formed with one director (who must be at least 16 years old) and one shareholder and there is no minimum or maximum share capital requirement (public companies do have capital requirements).

UK companies are required to have a registered office in the UK to act as a contact point for the people that the company deals with and to which official notifications can be sent. However, it is relatively cheap and painless to engage a registered office service provider to give you a UK address and to forward post to you. You can even use this address as the service address for directors and the residential address of the directors can remain private.

There are certain minimum maintenance requirements for a UK private company. It must file an annual return to Companies House setting out the current directors, secretary (if it has one) and its current capital and shareholder position, although this is a fairly simple task. The company will have to keep accounts based on requirements prescribed by UK legislation and to file these with Companies House (although the extent of the filing is relaxed for small companies). The company has to keep certain registers such as directors, secretary, shareholders and charges. These registers must be available for inspection at its registered office.

Finally it is possible for the company to be incorporated and registered in the UK but to be resident for tax purposes in Germany under the relevant double tax treaty. You should seek specific advice on this from a tax adviser if this is your aim.

You may need an apostille certificate if you need to present the company’s UK documents in Germany or other country that recognises the Hague Convention. This will usually avoid a German authority questioning the authenticity of the UK documents. Again this can be arranged at fairly minimal cost if you find it necessary.

In summary, forming a company in the UK is a painless, low cost process. There are also no residence requirements for the officers or shareholders of the company, and there is no minimum share capital requirement.

Jamie Hunt, Legal Clarity Ltd

The information provided in this article is intended as a general guide only. It is not exhaustive or tailored to your individual circumstances.

So Where’s Your Originalism Now, Justice Scalia? - Law Blog - WSJ

So Where’s Your Originalism Now, Justice Scalia? - Law Blog - WSJ

Car and Driver and Professor Bainbridge write that The Problem is the Driver, not the Pedal

Professor Bainbridge writes that The Problem is the Driver, not the Pedal and quotes Car and Driver:

"Every man, woman, and child in the U.S. has approximately a one-in-8000 chance of perishing in a car accident every year. Over a decade, that's about one in 800. "
If the driver is the problem and that will mostly be the case, perhaps it is time that everyone, including car manufacturers pay increasing attention to safety rather than to speed and acceleration in their design of the world's motor vehicles.

Utah's Matheson Nominated as a Judge for the U.S. Court of Appeals 10th Circuit

Former Law Dean, Gubernatorial Candidate Picked for 10th Circuit - The BLT: The Blog of Legal Times
"Scott Matheson Jr. [Stanford, Rhodes Scholar, Yale Law]", a former law dean at the University of Utah and the runner-up in that state's 2004 race for governor, has been nominated for the U.S. Court of Appeals for the 10th Circuit, the White House said today."

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