Section D: Requirements of and Restrictions on Practice

A solicitor who wishes to obtain a practising certificate for a practice year shall complete and submit an application in, or substantially in, such form as may be prescribed from time to time by the Council.

Practising certificate renewal or PC renewal is required on expiry of existing certificates on 31 October in each year. On this page are a variety of links dealing with PC renewal.

You shall not practise as a manager unless you hold an unrestricted practising certificate.

Subject to rule 2.2.3, if you become a manager of a practice unit you shall be obliged to attend a practice management course within a period not exceeding twelve months after the date on which you became such a manager, or such other period as may be determined by the Council in any particular case.

You shall not cause or permit the name of any person to appear on the nameplate or professional stationery of the practice unit of which you are a manager unless that person is:

Rule D2.1.3 is intended to promote achievement of the regulatory objectives (in particular those

Without prejudice to the restrictions contained in section 47 of the 1980 Act (restrictions on employing solicitor struck off or suspended), you shall not, in connection with your practice as a regulated person, without the prior written permission of the Council, which may be given for such period and subject to such conditions as the Council thinks fit, associate in business with or provide facilities for any person whom you know to be a disqualified person.

The managers of a practice unit which commences practice after the date these rules come into operation shall ensure that the Council is informed of such commencement of practice and certain information

This information is intended to assist those starting a new practice unit.

This information will assist those planning to cease (or wind up) a practice.

There are four Practice Unit Information Forms

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

Guidance on incorporated practice rules at D5

The Money Laundering Regulations 2007 require trust and company service providers to be registered with HMRC or a professional regulatory body.

Advice and Information on Applying for Recognition as an Incorporated Practice

Application for Recognition as an Incorporated Practice

The purpose of the European Lawyer Regulations is to implement the Directive in Scotland. This rule 6 makes provision in respect of applications for registration with the Society by European lawyers pursuant to regulation 16 of the European Lawyer Regulations

There are two relevant forms: Application for First Registration as a Registered European Lawyer – REL1 – this is the appropriate form if you are a European lawyer making your first application to be a registered European lawyer registered with the Law Society of Scotland.

An applicant shall apply in writing to the Society for registration by completing (so far as applicable to him) and submitting an application in such form as the Council shall from time to time prescribe, and by making payment of such application fee(s) as the Council shall from time to time prescribe.

There is no bar to lawyers qualified in another jurisdiction working in Scotland, provided they do not describe themselves as "solicitors" and do not do certain types of work reserved by statute for Scottish qualified solicitors

There are two relevant forms: Application for First Registration as a Foreign Lawyer – RFL1 – this is the appropriate form if you are a foreign lawyer making your first application to be a registered foreign lawyer.

You may not enter a multi-national practice having any place of business in Scotland unless you obtain the approval of the Council in terms of rule 8.1.3.

The Council may, on application made in terms of rule 8.2.13, determine the principal place of business of a multi-national practice.

Registration of Foreign Lawyers and Multi-national Practices

Application for Approval of Entry into New Multi-National Practice (MNP) and for Determination of Principal Place of Business of New MNP – MNP1

Subject to rule 9.1.3, you shall not form a legal relationship with a person or body who is not a regulated person with a view to your jointly offering professional services as a multi-disciplinary practice to any person or body.

You shall not share with any unqualified person any profits or fees or fee derived from any business transacted by you of a kind which is commonly carried on by regulated persons in Scotland in the course of or in connection with their practice; provided always that:

Rule D9.2 prohibits solicitors and others from sharing "with any unqualified person any profits or fees or fee derived from any business transacted by you of a kind which is commonly carried on by regulated persons in Scotland in the course of or in connection with their practice"; with certain limited exceptions.