Starting point
Legislation, regulatory acts and official guidance should be read alongside the business model and the records of the operation. The legal treatment may vary according to the structure, participants and flows involved.
What the structure should consider
The analysis commonly covers corporate organisation, agreements, responsibilities, controls, data, payments, tax and the consistency between what has been agreed and what occurs in practice.
Where an international element is present, records and financial flows also need to be assessed against the relevant regulation and tax effects.
Technical next steps
Before implementing a structure or changing a procedure, the applicable rules, deadlines and facts of the matter should be checked. This publication is informational and does not constitute legal advice for a specific situation.