You are reading current version in effect from 25 November 2019

Guidance

Guidance

Can my business be authorised?

Where your business must be authorised, or you have chosen to be authorised, this checklist sets out a summary of the eligibility requirements.

Does my business need to be authorised?

This checklist is to help you determine if your business requires authorisation.

Firm authorisation

Solicitors intending to provide legal services to the public or a section of the public.

Glossary terms

licensed body

means a body licensed by the SRA under section 71(2) of the LSA in accordance with the SRA Authorisation of Firms Rules

licensable body

has the meaning given in section 72 of the LSA

manager

means:

  1. the sole principal in a recognised sole practice;
  2. a member of a LLP;
  3. a director of a company;
  4. a partner in a partnership; or
  5. in relation to any other body, a member of its governing body
authorised person
  1. subject to sub-paragraph below, means a person who is authorised by the SRA or another approved regulator to carry on a legal activity as defined under s12 of the LSA and the term "non-authorised person" shall be construed accordingly; and
  2. in the SRA Financial Services (Scope) Rules, has the meaning given in section 31 of the FSMA
recognised body

means a body recognised by the SRA under section 9 of the AJA

legal services body

has the meaning given in section 9A of the AJA

interest holder

means a person who has an interest or an indirect interest, or holds a material interest, in a body (and "indirect interest" and "interest" have the same meaning as in the LSA), and references to "holds an interest" shall be construed accordingly

legally qualified

has the meaning given in section 9A(6) of the AJA save that, for a body to meet the management and control requirements enabling it to fall within section 9A(6)(h), it must be:

  1. a recognised body;
  2. a licensed body in which lawyers are entitled to exercise, or control the exercise of more than 90 percent of the voting rights of that licensed body;
  3. an authorised non-SRA firm in which lawyers are entitled to exercise, or control the exercise of more than 90 percent of the voting rights of that authorised non-SRA firm
recognised sole practice

means the practice of a sole solicitor or REL which is recognised by the SRA under section 9 of the AJA

solicitor

means a person who has been admitted as a solicitor of the Senior Courts of England and Wales and whose name is on the roll, save that in the SRA Indemnity Insurance Rules and the MTC this includes a person who practises as a solicitor whether or not the person has in force a practising certificate, and also includes practice under home title of a former REL who has become a solicitor

 

REL

means a European lawyer registered in the register of European lawyers

SRA

means the Solicitors Regulation Authority

authorised body

means:

  1. a body that has been authorised by the SRA to practise as a licensed body or a recognised body; or
  2. a sole practitioner's practice that has been authorised by the SRA as a recognised sole practice
Establishment Directive state

means a state to which the Establishment Directive applies

societas Europaea

means a European public limited liability company within the meaning of Article 1 of Council Regulation 2157/2001/EC.

UK

means United Kingdom, made up of: England, Scotland, Wales, and Northern Ireland