We may arrange to carry out an electronic search to verify your identity. The cost of any such search will be charged to you (see section on charges and expenses). You need to be aware that the Proceeds of Crime Act 2002 (as amended) (the "Act") creates a number of offences relating to the proceeds of crime. The 'proceeds of crime' are any monies/property/assets which have arisen as a result of any crime. These include, for example, monies (however low in value) saved as a result of tax evasion or benefit fraud, whether that money has been saved or spent. If we become aware or suspect the existence of the proceeds of crime in a matter on which we act for you (whether from you or from any other person), we may be obliged to report the irregularity to the appropriate authority. Permission may be withheld for us to continue with the relevant matter.
13. Tax investigation overlap with PI
We will also be entitled to withhold all your papers and documents while there is money owing to us for our charges and expenses (including any outstanding sums due in respect of VAT). Neither you nor we will be liable for any delay or failure of our respective obligations as a result of causes beyond our control. This will include but will not be limited to fire, flood, acts of God, acts and regulations of any governmental or supranational authority, war, riots, acts of terrorism, epidemic, pandemic, strikes, lockouts, failures by third party utility providers (including internet or third-party server failure), and industrial disputes. No person or entity who is not a party to this Agreement will have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce bet betting apps uk casino any rights under the Agreement. We may contact you during the course of the Agreement by any means (whether in writing, by fax or using electronic communications or otherwise).
13.3 The boundary case — and the gap
For the purposes of the Agreement, any notice or communication which we send to you will be treated as being received: (a) if delivered personally, at the time of delivery; or (b) if sent by fax or email, at the time of transmission; or (c) if sent by post or recorded delivery, 48 hours after posting; (d) or if sent by airmail, 72 hours after posting. (e) if uploaded to your account onto our online document portal We do not accept the service of formal notices or communications by fax or email and any formal notice or communication required to be given to us under or in connection with the Agreement must be in writing and be delivered to us personally or sent by prepaid first-class post or recorded delivery to our registered office. Any such formal notice or communication shall be validly served upon us only when we actually receive it. This condition will not apply to the service of any legal proceedings or other documents in any legal proceedings. The Agreement constitutes the entire agreement between us. The appropriate authority can pass the information reported to them to any relevant body, such as HM Revenue & Customs, and an investigation may take place at any time in the future. It is also important for us to make you aware that we may have a legal duty under the Act and related legislation to report known or suspicious circumstances to the appropriate authorities without telling you, and the appropriate authorities may share the information given to them. This could have serious consequences for you. In rare situations, you could find that you then become subject to an HM Revenue & Customs investigation or benefits investigation and/or criminal proceedings.
Can You Do Both ACA and ACCA?
The obligations which we have under the Act and related legislation can, in certain instances, override the duty of solicitor/client confidentiality.
What Does Professional Indemnity Insurance Cover?
In rare situations, you could find that you then become subject to an HM Revenue & Customs investigation or benefits investigation and/or criminal proceedings. The obligations which we have under the Act and related legislation can, in certain instances, override the duty of solicitor/client confidentiality. Circumstances may arise where we have to approach you to seek your permission to report certain matters to the appropriate authorities. For instance, we may take the view that by proceeding further with your matter (without permission from the appropriate authority) we may be assisting in the commission of a money laundering offence. In the event that you refuse such permission we reserve the right to terminate your instructions.
6.3 Heads of damage in tax PI claims
If we do so in these circumstances you will be liable for all our fees and expenses incurred up to the date of such termination. We will not be liable to you for any losses arising out of our reporting obligations under the Act and any related legislation. We are not authorised by the Financial Services Authority ("FSA"). However, we are included on the register bet football betting app download maintained by the FSA so that we can carry on insurance mediation activity, which is, broadly, advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the ACCA. Circumstances may arise where we have to approach you to seek your permission to report certain matters to the appropriate authorities. For instance, we may take the view that by proceeding further with your matter (without permission from the appropriate authority) we may be assisting in the commission of a money laundering offence. In the event that you refuse such permission we reserve the right to terminate your instructions. If we do so in these circumstances you will be liable for all our fees and expenses incurred up to the date of such termination. We will not be liable to you for any losses arising out of our reporting obligations under the Act and any related legislation.
9. IFA Practising Certificate PI requirements
The register can be accessed via the FSA website at You are our client and our advice is to you alone (or, in the case of joint clients, to each of the joint clients), and solely in respect of the matter under which the relevant advice is given. Third parties may not rely on our advice unless we specifically agree in writing that they may do so, and you may not rely on advice given in previous matters as being applicable to other or later matters. We accept no liability to any third party to whom you provide our advice or who relies on that advice. In the event of any third party bringing a claim against us in relation to any of our advice which you have provided to them (directly or indirectly) or instructed us to provide to them, then you agree to indemnify us in relation to such claim. Where we instruct or liaise with other professional advisors on your behalf, including overseas advisors, we will not be responsible for the appropriateness or accuracy of the advice given by them, or for payment of their costs, fees and expenses.
3.2 Excess limits
We do not provide advice which relates to the laws of any jurisdiction outside England and Wales, and you may not rely on any advice we give as being applicable or accurate in relation to any other jurisdiction. We accept no liability for any failure to provide services or advice in relation to any issue which falls outside the scope of our engagement. We accept no responsibility to notify you of, or of the consequence of, any change in the law (or in its interpretation), or of any other event which occurs outside the scope of our engagement, or after the date upon which the relevant service or advice is provided. We will not be liable for any loss of profit, or any indirect loss or damage suffered (including for the avoidance of doubt any loss of opportunity, income, accruals or production) in relation to the provision of any services or advice by us. The extent of our liability to you will be limited to the amount specified in our letter of engagement or, if no sum is specified, the amount of our professional indemnity insurance limit at the time any claim is notified to us. We are not authorised by the Financial Services Authority ("FSA"). However, we are included on the register bet football betting app download maintained by the FSA so that we can carry on insurance mediation activity, which is, broadly, advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the ACCA. The register can be accessed via the FSA website at You are our client and our advice is to you alone (or, in the case of joint clients, to each of the joint clients), and solely in respect of the matter under which the relevant advice is given. Third parties may not rely on our advice unless we specifically agree in writing that they may do so, and you may not rely on advice given in previous matters as being applicable to other or later matters. We accept no liability to any third party to whom you provide our advice or who relies on that advice.
Insurance for accountants: FAQs
You confirm that you have not entered into the Agreement on the basis of any statement, representation (including any misrepresentation), warranty or other provision relating to the subject matter of the Agreement which is not expressly incorporated into the Agreement, provided always that nothing shall operate to limit or exclude any liability for fraud. If any term or condition of the Agreement is found by any court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that provision shall, to the extent necessary, be severed and shall be ineffective, but without affecting any other term of the Agreement, and you agree that we may substitute and rely upon effective provisions in a form as similar to the ineffective provisions as is possible without thereby rendering them illegal, invalid or unenforceable. Any failure by Clayton and Clayton Accountants LLP to insist upon the strict performance of any term of this Agreement, or any failure or delay by Clayton and Clayton Accountants LLP to exercise its rights or remedies (whether under this Agreement or at law) shall not be or be deemed to be a waiver of any right which Clayton and Clayton Accountants LLP may have to insist upon the strict performance of the terms of this Agreement or of any of its rights or remedies in respect of any default under the terms of this Agreement.
16.2 The typical sole-practitioner cost band
In the event of any third party bringing a claim against us in relation to any of our advice which you have provided to them (directly or indirectly) or instructed us to provide to them, then you agree to indemnify us in relation to such claim. Where we instruct or liaise with other professional advisors on your behalf, including overseas advisors, we will not be responsible for the appropriateness or accuracy of the advice given by them, or for payment of their costs, fees and expenses. We do not provide advice which relates to the laws of any jurisdiction outside England and Wales, and you may not rely on any advice we give as being applicable or accurate in relation to any other jurisdiction. We accept no liability for any failure to provide services or advice in relation to any issue which falls outside the scope of our engagement. We accept no responsibility to notify you of, or of the consequence of, any change in the law (or in its interpretation), or of any other event which occurs outside the scope of our engagement, or after the date upon which the relevant service or advice is provided. We will not be liable for any loss of profit, or any indirect loss or damage suffered (including for the avoidance of doubt any loss of opportunity, income, accruals or production) in relation to the provision of any services or advice by us.
| Type of Breach | Potential Disciplinary Action | Impact on Practice |
|---|---|---|
| No valid PII in place | Suspension of practising certificate; fines. | Cannot offer services to public. |
| Inadequate cover limits | Directed to rectify; possible conditions on licence. | Increased personal liability risk. |
| Failure to disclose claims | Investigation; potential finding of misconduct. | Policy may be voided; reputational damage. |
| Using an unapproved insurer | Required to switch provider; licence review. | Cover may not be recognised. |
The extent of our liability to you will be limited to the amount specified in our letter of engagement or, if no sum is specified, the amount of our professional indemnity insurance limit at the time any claim is notified to us.
Where to get PII for accountants
We may arrange to carry out an electronic search to verify your identity. The cost of any such search will be charged to you (see section on charges and expenses). You need to be aware that the Proceeds of Crime Act 2002 (as amended) (the "Act") creates a number of offences relating to the proceeds of crime. The 'proceeds of crime' are any monies/property/assets which have arisen as a result of any crime. These include, for example, monies (however low in value) saved as a result of tax evasion or benefit fraud, whether that money has been saved or spent.
7.2 Practical overlap with bookkeeping and compliance
If we become aware or suspect the existence of the proceeds of crime in a matter on which we act for you (whether from you or from any other person), we may be obliged to report the irregularity to the appropriate authority. Permission may be withheld for us to continue with the relevant matter. The appropriate authority can pass the information reported to them to any relevant body, such as HM Revenue & Customs, and an investigation may take place at any time in the future. It is also important for us to make you aware that we may have a legal duty under the Act and related legislation to report known or suspicious circumstances to the appropriate authorities without telling you, and the appropriate authorities may share the information given to them. This could have serious consequences for you. Nothing in the Agreement (as defined in section 16, below) will restrict or exclude our liability to you for death or personal injury resulting from our negligence, or in any other circumstances where our liability may not be so limited under any applicable law or regulation (for example, if bet betting odds comparison sites there is any fraud on our part). If you accept any exclusion or limitation of liability from any of your other professional advisors, then our liability to you will not exceed the amount for which we would have been liable after deducting any amount which we would have been entitled to recover pursuant to the Civil Liability (Contribution) Act 1978 or otherwise, but are prevented from doing so because of any such exclusion or limitation. Clayton and Clayton Accountants LLP alone will provide the services to you.
6. CIOT Professional Indemnity Insurance Regulations
Nothing in the Agreement (as defined in section 16, below) will restrict or exclude our liability to you for death or personal injury resulting from our negligence, or in any other circumstances where our liability may not be so limited under any applicable law or regulation (for example, if bet betting odds comparison sites there is any fraud on our part). If you accept any exclusion or limitation of liability from any of your other professional advisors, then our liability to you will not exceed the amount for which we would have been liable after deducting any amount which we would have been entitled to recover pursuant to the Civil Liability (Contribution) Act 1978 or otherwise, but are prevented from doing so because of any such exclusion or limitation. Clayton and Clayton Accountants LLP alone will provide the services to you. You agree that you will not bring any claim, whether in contract, tort, negligence, or for breach of statutory duty or otherwise against any member, or Partner of, consultant to, or employee or agent of Clayton and Clayton Accountants LLP. In accordance with requirements, we currently have Professional Indemnity Insurance cover with Glemham Underwriting Limited.
Your instructions to us
Our insurers may be contacted via The Technology Centre Station Road Framlingham Woodbridge IP13 9EZ We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy. If at any time you wish us to cease work or incurring charges and expenses on your behalf, you must tell us this clearly in writing. If we decide to stop acting for you we will tell you the reason and give you notice in writing. In the event of termination of the Agreement, you will remain liable to pay for all unbilled work and any outstanding expenses. You agree that you will not bring any claim, whether in contract, tort, negligence, or for breach of statutory duty or otherwise against any member, or Partner of, consultant to, or employee or agent of Clayton and Clayton Accountants LLP. In accordance with requirements, we currently have Professional Indemnity Insurance cover with Glemham Underwriting Limited. Our insurers may be contacted via The Technology Centre Station Road Framlingham Woodbridge IP13 9EZ We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our equality and diversity policy. If at any time you wish us to cease work or incurring charges and expenses on your behalf, you must tell us this clearly in writing. If we decide to stop acting for you we will tell you the reason and give you notice in writing. In the event of termination of the Agreement, you will remain liable to pay for all unbilled work and any outstanding expenses. We will also be entitled to withhold all your papers and documents while there is money owing to us for our charges and expenses (including any outstanding sums due in respect of VAT). Neither you nor we will be liable for any delay or failure of our respective obligations as a result of causes beyond our control. This will include but will not be limited to fire, flood, acts of God, acts and regulations of any governmental or supranational authority, war, riots, acts of terrorism, epidemic, pandemic, strikes, lockouts, failures by third party utility providers (including internet or third-party server failure), and industrial disputes. No person or entity who is not a party to this Agreement will have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce bet betting apps uk casino any rights under the Agreement. We may contact you during the course of the Agreement by any means (whether in writing, by fax or using electronic communications or otherwise). For the purposes of the Agreement, any notice or communication which we send to you will be treated as being received: (a) if delivered personally, at the time of delivery; or (b) if sent by fax or email, at the time of transmission; or (c) if sent by post or recorded delivery, 48 hours after posting; (d) or if sent by airmail, 72 hours after posting.
- Online portal submission of insurance certificates is mandatory
- Broker's letter of confirmation is an acceptable temporary proof
- ACCA may conduct random audits of PI insurance documentation
- Record keeping of policies and certificates for at least six years
- Changes in insurer or policy number must be reported promptly
(e) if uploaded to your account onto our online document portal We do not accept the service of formal notices or communications by fax or email and any formal notice or communication required to be given to us under or in connection with the Agreement must be in writing and be delivered to us personally or sent by prepaid first-class post or recorded delivery to our registered office. Any such formal notice or communication shall be validly served upon us only when we actually receive it. This condition will not apply to the service of any legal proceedings or other documents in any legal proceedings.
| Situation Triggering Run-Off | Minimum Cover Period | Who Arranges & Pays | ACCA Notification Required |
|---|---|---|---|
| Retirement of sole practitioner | 6 years | The retiring member/firm | Yes, within 30 days |
| Sale/transfer of practice | 6 years | The seller/outgoing firm | Yes, details of successor |
| Firm ceasing trading (no successor) | 6 years | The ceased firm | Yes, immediately |
| Death/incapacity of principal | 6 years | Firm's legal representatives | Yes, as soon as practicable |
The Agreement constitutes the entire agreement between us.
- New practices must secure insurance before commencing work
- ACCA provides a list of approved insurance brokers for guidance
- The requirement applies to all ACCA members offering professional services
- Certain non-practicing roles may be exempt from mandatory PI
- Scope of services offered dictates the necessary level of cover
You confirm that you have not entered into the Agreement on the basis of any statement, representation (including any misrepresentation), warranty or other provision relating to the subject matter of the Agreement which is not expressly incorporated into the Agreement, provided always that nothing shall operate to limit or exclude any liability for fraud. If any term or condition of the Agreement is found by any court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that provision shall, to the extent necessary, be severed and shall be ineffective, but without affecting any other term of the Agreement, and you agree that we may substitute and rely upon effective provisions in a form as similar to the ineffective provisions as is possible without thereby rendering them illegal, invalid or unenforceable. Any failure by Clayton and Clayton Accountants LLP to insist upon the strict performance of any term of this Agreement, or any failure or delay by Clayton and Clayton Accountants LLP to exercise its rights or remedies (whether under this Agreement or at law) shall not be or be deemed to be a waiver of any right which Clayton and Clayton Accountants LLP may have to insist upon the strict performance of the terms of this Agreement or of any of its rights or remedies in respect of any default under the terms of this Agreement.
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