FAQs
Please refer to Rule D2.1
Yes. If you submit your documentation by email the application form and any Client Protection Fund Undertakings must be signed digitally with your Smartcard.
We prefer all forms together so we can fully understand what you are trying to do and give you the best advice and support. It can be useful to send drafts for consideration.
Not at this time, although the Society is working with the Scottish Government to deliver this.
No, provided they are subject to supervision by a Scottish solicitor
The Society is careful not to approve names which may be liable to 'passing off' claim or otherwise unacceptable. When the Society have approved a name it does not give any reassurance against such a claim or criticism.
Yes, submitting draft documentation can be helpful in more complex applications before signatures are sought. Please email draft documentation to registar@lawscot.org.uk
Once we are in receipt of all documentation.
See Rule A5 for details and procedure.
Yes It is possible for a solicitor to be a shareholder (which would make them a manager in the business with all the obligations) without being a director but it is required that all directors are shareholders.
No. Preapproved memorandum and articles are available from Vistra (email: edinburgh@vistra.com), their internal labelling system describes this as a Scotsol13 . Alternatively you can craft your own - see Rules D5.4.1, D5.4.2 and D5.4.3.
Yes, you will have to obtain a letter from the Society to submit to Companies House. Please email registrar@lawscot.org.uk advising us of the proposed name.
No. See Rule D5.2(e)
Generally Multi-national Practices and Scottish solicitors working in them are subject to all of the Society’s Rules but you should specifically consider the relevance of Rule C1, relating to cross border practice.
A traditional practice unit can be changed into an incorporated practice unit in two ways:
- Transferring or converting the original traditional practice unit; or
- Creating a new incorporated practice and ceasing the traditional practice unit
The decision on which of the two options is best for each particular traditional practice unit is solely a business decision but consideration should be given to what the intended model of the incorporated practice unit is intended to be.
If, for example, all partners in the traditional practice unit will be managers of the incorporated practice unit then it may be easier to convert than to cease. Advice from a business adviser and tax adviser should be sought when making this decision.
As the incorporated practice unit is a separate entity, you must ensure that you have banking facilities available for when you want the incorporated practice unit to begin operating.
In order to facilitate a seamless transition of the work and/ or client balances to the incorporated practice unit, consider the information available for solicitors ceasing their practices.
In order to ensure that there is no gap in time between the traditional practice unit ending and the incorporated practice unit starting to operate, you should contact us at the earliest available opportunity as we will assist, where possible, in ensuring that the relevant timings coincide.
The forms that you need to complete to convert a traditional practice unit into an incorporated practice unit are the same as those needed to start an incorporated practice unit.
Some fees such as the Client Protection Fund fee or the AML fee will not need to be paid if all managers have already made a payment for the current practice year.
Please note that if you propose to incorporate, we require all correctly completed documentation one month prior to the proposed start date.