SRA Standards and Regulations

Record of commissions

Where you receive commission which is attributable to your regulated financial services activities, you must keep a record of: the amount of the commission; and how you have accounted to the client.

Approval of role holders

Subject to rules 13.2 to 13.4, the SRA may approve a person's designation as a COLP or COFA or to be a manager or owner of an authorised body if it is satisfied that the individual is fit and proper to undertake the role, in accordance with the SRA Assessment of Character and Suitability Rules. The SRA will deem a person to be fit and proper to be a manager or owner of an authorised body if...

Annex 1: Transitional arrangements under paragraph 7(3) of Schedule 5 to the LSA

A licensable body will be eligible to be a recognised body if as at 6 October 2011, it has been recognised by the SRA under section 9 of the AJA but has an interest holder or manager that is not a lawyer or a legally qualified body. It shall continue to be treated as a recognised body for the purposes of these rules and the SRA's regulatory arrangements until: such time as it ceases to comply...

Temporary emergency authorisation or approval

An application for temporary emergency authorisation may be made: within seven days of any change in the management or control of an authorised body which brings into being a new unauthorised body or practice; within 28 days of the death or incapacity of a sole practitioner by a solicitor or an REL who is: the sole practitioner's executor, personal representative, attorney under a lasting...

Loss of eligibility

If the last remaining legally qualified manager of an authorised body whose role ensures the body's compliance with the eligibility requirements for its authorisation under rule 1: is sentenced to imprisonment; becomes unable to carry on their role because of incapacity; abandons the business; is made subject to a restriction, condition or other regulatory decision by the SRA or another...

Management, control, and supervision

Subject to rules 9.2 and 9.3, an authorised body must ensure that the SRA has approved any manager or owner of the authorised body under Part 4. A sole principal whose practice has been authorised as a recognised sole practice is not required to be approved separately as a manager of that practice. If the SRA is satisfied that a manager of an authorised body is not involved in any of the...

Grants to defaulting practitioners

The SRA may make a grant to a defaulting practitioner who or which has suffered or is likely to suffer loss by reason of their liability to any client in direct consequence of an act or omission of: in the case of a defaulting solicitor, defaulting REL or defaulting RFL, any of their employees or any fellow manager; in the case of a defaulting recognised body, any of its employees or managers...

Interest

In respect of any grants made under rules 3, 6 or 7 the SRA may make a supplementary grant by way of a sum in lieu of lost interest on the loss underlying the principal grant. Such interest will be calculated by the SRA in accordance with prescribed rates. Where the application for the principal grant is in respect of a failure to redeem a mortgage, the SRA may also make a grant in respect of...

Conduct of the applicant and contribution to loss

A grant may be refused or reduced to take account of: dishonest, improper or unreasonable conduct by the applicant or anyone acting on their behalf: in the circumstances that gave rise to the application; in relation to the application itself; or failure to pursue the application promptly, co-operatively and in good faith. A grant may be refused or reduced to take account of any act or...

Application and time limit

An applicant must make an application for a grant in the prescribed form, and within 12 months of the date they first became aware, or should reasonably have become aware, of the loss. The SRA may extend the 12 month period in rule 15.1 if satisfied that there are circumstances which justify the extension of the time limit. The applicant must provide information, documents and evidence...