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Foreign Account Tax Compliance Act (FATCA)
Category: Advice and Information
FATCA applies to any financial institution that pays money to a US taxpayer anywhere in the world.
Form of Business Accounts and Taxation
Category: Guidance
The form in which a solicitor presents a business account is a matter for the solicitor's personal preference but if the person liable to pay requires details, the solicitor must give a narrative or summary sufficient to indicate the nature and the extent of the work done.
Gazumping, Gazundering and Closing Dates
Category: Guidance
This guidance applies equally to solicitors acting as estate agents as well as solicitors acting in the conveyancing.
Guidance on conflict of interest issues regarding guarantees
Category: Guidance
Guidance on conflict of interest issues in relation to guarantees.
Guidance on Outsourcing
Category: Guidance
Outsourcing of (1) business operational functions such as HR, payroll and Cashroom and (2) aspects of legal service provision such as legal research and document production
Guidance on Referral of Clients for Financial Advice
Category: Guidance
Referral of clients for financial advice from 1 January 2013
Guidance re Non face-to-face Notarisation
Category: Guidance
The provisions that were in place in the Coronavirus (Scotland) (No2) Act 2020 Schedule 4, part 7 have now been incorporated into the Requirements of Writing (Scotland) Act 1995.
Home Reports
Category: Guidance
Liability for Information Contained in Property Questionnaire
Solicitors should make clear to selling clients completing such questionnaires that responsibility for the accuracy and truthfulness of those questionnaires rests with the client.
Identifying Mortgage Fraud
Category: Advice and Information
The recent slow down in the UK property market has exposed a rise in mortgage fraud by organised criminals and the potential vulnerability of professionals to be exploited by organised crime syndicates.
Immigration Practitioners
Category: Guidance
The following guidance constitutes an amplification of the standard of practice that the Society considers essential for the compliance with the rules of professional conduct when undertaking immigration, nationality and asylum work
Incidental Financial Business
Category: Rule
This rule 2 makes provision for the carrying on by practice units of incidental financial business.
Incidental Financial Business Forms
Category: Forms and Fees
There are two Incidental Financial Business Forms
Incidental Financial Business Generally
Category: Guidance
An individual solicitor or firm of solicitors can undertake certain regulated activities and thereby be exempt from the requirement to be authorised by the FSA if that solicitor/firm is licensed by the Society under Part XX of the Financial Services and Markets Act 2000.
Incorporated Practice Form
Category: Forms and Fees
Application for Recognition as an Incorporated Practice
Incorporated Practices
Category: Rule
Subject to the provisions of rule 5, you may trade as a body corporate in terms of section 34(1A) of the 1980 Act provided
Incorporated Practices – Applying for recognition
Category: Advice and Information
Advice and Information on Applying for Recognition as an Incorporated Practice
Independence, Rule B1.3
Category: Rule
You must give independent advice free from external influences or personal interests which are inconsistent with these standards.
Instruction of Advocates and Solicitor Advocates in the Superior Courts
Category: Guidance
This guidance is designed as a reminder of the interlocking framework of rules that apply when advising a client on the choice of representation where appearance is required in the superior courts.
Interest on Invested Funds
Category: Guidance
Unless agreed otherwise and set out in Terms of Business or a separate letter which provides either that no interest will be earned because of current bank interest rates, or that some of the interest will be retained by the practice unit, then the matter is covered by Rule B6.10 (the Accounts etc rules).
Interests of the client
Category: Rule
You must act in the best interests of your clients subject to preserving your independence and complying with the law, these rules and the principles of good professional conduct.