SRA Standards and Regulations

Source of indemnity

Any such indemnity shall be provided and any claim thereto shall lie and be made exclusively out of and against the Indemnity Fund. The SRA shall have no obligation to provide indemnity save to the extent that the same can be provided out of the Indemnity Fund. In no circumstances shall any claim to indemnity lie or be made against the SRA or the Society or the Council or the Legal Services...

Indemnity limit

Save in relation to an expired run-off claim, in respect of which the provisions of Rule 8.5 shall apply, the indemnity limit shall be £1,000,000 each and every claim (including claimants' costs).

Decisions by the Society

The Society shall have power to treat any person as complying with any provision of these Rules for the purposes of the SA notwithstanding that the person has failed to comply with any provision of these Rules where such non-compliance is regarded by the Society in a particular case or cases as being insignificant.

Losses outside the remit of the Fund

For the avoidance of doubt, the SRA shall not make a grant in respect of losses that: arise solely by reason of professional negligence by a defaulting practitioner, or the employee or manager of a defaulting practitioner, save as provided for in rule 3.4; are indirect or consequential, save where the SRA exercises its discretion to make a grant: under rule 8; for costs of completing or...

Defaulting practitioners

A defaulting practitioner means: a solicitor, an REL or an RSL who at the date of the relevant act or omission was: practising in an authorised body; or practising in a non-commercial body; a solicitor or an REL who at the date of the relevant act or omission: was self-employed and practising in their own name, and not through a trading name or service company; did not employ anyone in...

Safekeeping of clients' investments

Where you undertake the regulated financial services activity of safeguarding and administering investments, you must operate appropriate systems, including the keeping of appropriate records, which provide for the safekeeping of assets entrusted to you by clients and others. Where such assets are passed to a third party: you should obtain an acknowledgement of receipt of the property; and if...

Communication and disclosure

You must ensure that, in relation to insurance distribution: you communicate all information, including marketing communications, in a way that is clear, fair and not misleading. your marketing communications are always clearly identifiable as such.

Scope of service

Where you propose, or give a client a personal recommendation for, a contract of insurance, then in good time before the conclusion of an initial contract of insurance and if necessary on its amendment or renewal, you must provide the client with information on whether you: give a personal recommendation on the basis of a fair and personal analysis; are under a contractual obligation to...

Remuneration and the client's best interests

You must not: be remunerated; or remunerate or assess the performance of the firm's employees, in a way that conflicts with their duty to act in each client's best interest. In particular, you must not make any arrangement by way of remuneration, sales target or otherwise that could provide an incentive to the firm or its employees to recommend a particular contract of insurance to a client...

Execution-only business

If you arrange for a client on an execution-only basis any transaction involving a retail investment product, you must send the client written confirmation to the effect that: the client had not sought and was not given any advice from you in connection with the transaction; or the client was given advice from you in connection with that transaction but nevertheless persisted in wishing the...