• At Kemp Little, we are known for our ability to serve the very particular needs of a large but diverse technology client base. Our hands-on industry know-how makes us a good fit with many of the world's biggest technology and digital media businesses, yet means we are equally relevant to companies with a technology bias, in sectors such as professional services, financial services, retail, travel and healthcare.
  • Kemp Little specialises in the technology and digital media sectors and provides a range of legal services that are crucial to fast-moving, innovative businesses.Our blend of sector awareness, technical excellence and responsiveness, means we are regularly ranked as a leading firm by directories such as Legal 500, Chambers and PLC Which Lawyer. Our practice areas cover a wide range of legal issues and advice.
  • Our Commercial Technology team has established itself as one of the strongest in the UK. We are ranked in Legal 500, Chambers & Partners and PLC Which Lawyer, with four of our partners recommended.
  • Our team provides practical and commercial advice founded on years of experience and technical know-how to technology and digital media companies that need to be alert to the rules and regulations of competition law.
  • Our Corporate Practice has a reputation for delivering sound legal advice, backed up with extensive industry experience and credentials, to get the best results from technology and digital media transactions.
  • In the fast-changing world of employment law our clients need practical, commercial and cost-effective advice. They get this from our team of employment law professionals.
  • Our team of leading IP advisors deliver cost-effective, strategic and commercial advice to ensure that your IP assets are protected and leveraged to add real value to your business.
  • Our litigation practice advises on all aspects of dispute resolution, with a particular focus on ownership, exploitation and infringement of intellectual property rights and commercial disputes in the technology sector.
  • We have an industry-leading reputation for our outsourcing expertise. Our professionals deliver credible legal advice to providers and acquirers of IT and business process outsourcing (BPO) services.
  • We work alongside companies, many with disruptive technologies, that seek funding, as well as with the venture capital firms, institutional investors and corporate ventures that want to invest in exciting business opportunities.
  • Our regulatory specialists work alongside Kemp Little’s corporate and commercial professionals to help meet their compliance obligations.
  • With a service that is commercial and responsive to our clients’ needs, you will find our tax advice easy to understand, cost-effective and geared towards maximising your tax benefits.
  • At Kemp Little, we advise clients in diverse sectors where technology is fundamental to the ongoing success of their businesses.They include companies that provide technology as a service and businesses where the use of technology is key to their business model, enabling them to bring their product or service to market.
  • We bring our commercial understanding of digital business models, our legal expertise and our reputation for delivering high quality, cost-effective services to this dynamic sector.
  • Acting for market leaders and market changers within the media industry, we combine in-depth knowledge of the structural technology that underpins content delivery and the impact of digitisation on the rights of producers and consumers.
  • We understand the risks facing this sector and work with our clients to conquer those challenges. Testimony to our success is the continued growth in our team of professionals and the clients we serve.
  • We advise at the forefront of the technological intersection between life sciences and healthcare. We advise leading technology and data analytics providers, healthcare institutions as well as manufacturers of medical devices, pharmaceuticals and biotechnological products.
  • For clients operating in the online sector, our teams are structured to meet their commercial, financing, M&A, competition and regulatory, employment and intellectual property legal needs.
  • Our focus on technology makes us especially well positioned to give advice on the legal aspects of digital marketing. We advise on high-profile, multi-channel, cross-border cases and on highly complex campaigns.
  • The mobile and telecoms sector is fast changing and hugely dependent on technology advances. We help mobile and wireless and fixed telecoms clients to tackle the legal challenges that this evolving sector presents.
  • Whether ERP, Linux or Windows; software or infrastructure as a service in the cloud, in a virtualised environment, or as a mobile or service-oriented architecture, we have the experience to resolve legal issues across the spectrum of commercial computer platforms.
  • Our clients trust us to apply our solutions and know-how to help them make the best use of technology in structuring deals, mitigating key risks to their businesses and in achieving their commercial objectives.
  • We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects, and in advising on all aspects of procurement and online operations.
  • Our legal professionals work alongside social media providers and users in relation to the commercial, privacy, data, advertising, intellectual property, employment and corporate issues that arise in this dynamic sector.
  • Our years of working alongside diverse software clients have given us an in-depth understanding of the dynamics of the software marketplace, market practice and alternative negotiating strategies.
  • Working with direct providers of travel services, including aggregators, facilitators and suppliers of transport and technology, our team has developed a unique specialist knowledge of the sector
  • Your life as an entrepreneur is full of daily challenges as you seek to grow your business. One of the key strengths of our firm is that we understand these challenges.
  • Kemp Little is trusted by some of the world’s leading luxury brands and some of the most innovative e-commerce retailers changing the face of the industry.
  • HR Bytes is an exclusive, comprehensive, online service that will provide you with a wide range of practical, insightful and current employment law information. HR Bytes members get priority booking for events, key insight and a range of employment materials for free.
  • FlightDeck is our portal designed especially with start-up and emerging technology businesses in mind to help you get your business up and running in the right way. We provide a free pack of all the things no-one tells you and things they don’t give away to get you started.

The Fourth Money Laundering Directive, Scottish Partnerships and People with Significant Control

  • UK Implementation of the Fourth Money Laundering Directive

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the “Regulation”) came in to force on 26 June 2017, replacing the 2007 regulations. The Regulation requires “relevant persons” (i.e. firms to which the Regulation applies (e.g. credit institutions, financial institutions, legal professionals, estate agents, high value dealers, etc.)) to ensure that measures they take in meeting customer due diligence and ongoing monitoring obligations are based on an overall assessment of the money laundering/terrorist financing risks that such relevant person faces. This includes taking account of guidelines published by the European supervisory authorities, UK supervisory authorities and the UK Government’s national risk assessment.

The main changes to the existing anti-money laundering processes are as follows:

  • relevant persons are required to carry out risk assessments and maintain adequate procedures to mitigate money-laundering risks;
  • the focus on risk-based procedures means that the mandatory customer due diligence process will now vary between different customer types:
    • - simplified due diligence may be warranted in low-risk cases which take into account types of customers, geographic areas, and particular products, services, transactions or delivery channels;
    • - a relevant person is obliged to run enhanced due diligence in certain situations, such as, amongst others, the establishment of a business relationship or transaction with a person in a high-risk third country or if a relevant person has determined that a customer or potential customer is a “politically exposed person”;
  • relevant persons are required to identify any beneficial owner who is not their customer and take adequate measures, on a risk-sensitive basis, to verify their identity. That includes measures to understand the ownership and control structure of a company, trust or similar arrangement; and
  • trustees which are UK resident or, if not UK resident, are liable to pay UK tax will be required to maintain a register of beneficial owners in relation to the trusts which they administer and report to HMRC on the same.

Scottish Partnerships and People with Significant Control

On 26 June 2017, The Scottish Partnerships (Register of People with Significant Control) Regulations 2017 came into force. This ensures that a general partnership constituted under the law of Scotland that is a qualifying partnership under regulation 3 of the Partnership (Acccounts) Regulations 2008 (i.e. a limited partnership with solely corporate partners) (an “SQP”) will be required to deliver people with significant control (“PSC”) information to Companies House.

This means that all SQPs will be required to investigate their ownership and control structure. From 24 July 2017, all SQPs will need to file an annual confirmation statement at Companies House that sets out, amongst other things, its PSCs.

The new legislation may affect SQP’s desirability as investment vehicles, especially in private equity and property investment fund structures as the traditional advantages of SQPs – such as separate legal personality and tax transparency – will need to be weighed against the public disclosure of those individuals who hold a controlling interest, directly or indirectly, in the SQP.

An SQP can have more than one PSC. A PSC is a person who:

  1. directly or indirectly holds the right to more than 25% of the surplus assets on winding up of the SQP;
  2. directly or indirectly holds more than 25% of the voting rights in the SQP;
  3. directly or indirectly holds the right to appoint or remove the majority of those entitled to take part in the management of the SQP;
  4. otherwise has the right to exercise, or actually exercises, significant influence or control over the SQP;
  5. has the right to exercise, or actually exercises, significant influence or control over the activities of a trust and the trustees of the trust hold, directly or indirectly, any of the rights set out in a) to d) above; and/or
  6. has the right to exercise, or actually exercises, significant influence or control over the activities of a firm and the members of the firm hold, directly or indirectly, any of the rights set out in a) to d) above.

Contact our experts for further advice

John Alder