In the course of our engagement we will process certain personal data relating to you and your business. Personal data will be processed fairly and lawfully.
Data will be collected by direct request to you.
Data will normally be stored electronically, though from time to time, it might be necessary for us to store data in a non-electronic format. We have in place appropriate security measures and safeguards to protect your data.
Your data will not be transmitted outside of the European Economic Area (EEA).
We will retain any financial information relating to an engagement for a period of seven years. Any information relating to client due diligence, carried out on you, will be stored for five years. After the applicable period, has passed, the data will be securely destroyed.
Throughout our engagement, we will return any original documents, used to prepare your financial statements, to you, once we have completed the agreed work, unless otherwise stated in this letter or subsequent correspondence.
We may disclose personal data about you; to facilitate us completing an engagement; or, to prevent crime; and to comply with both statutory and voluntary regulatory requirements. From time to time we may disclose the information we hold on you to our voluntary regulatory body the Certified Public Accountants Association, this will be done for assurance purposes to ensure that we are continuing to provide an ethical, compliant and competent service.
If at any time, you wish to gain access to the data we hold on you, you must issue us a written request. We aim to respond to all written requests within twenty working days.
Client Due Diligence
We will conduct appropriate due diligence before confirming an engagement. Once we have conducted due diligence, we may decide not to pursue the engagement. If this is the case, we will notify you in writing no later than twenty working days after an engagement letter has been issued. We will refund any fees paid to us during this period.
Our customer due diligence process requires us to verify your identity. This process will require us to have access to government issued photo identification documents and two forms of proof of address (normally bank statements or utility bills dated within the last three months). This process will also require us to conduct a ‘soft search’ of your credit records. We currently use AMLCC as our Credit Reference Agency (CRA).
We reserve the right to contact your previous accountant and/or tax agent as part of our due diligence process.
Money Laundering Regulations 2017, Proceeds of Crime Act 2002 and Criminal Finances Act 2017
Money laundering is an offence defined in section 327,328 and 329 of the Proceeds of Crime Act 2002. This offence includes possessing, concealing, using or converting the benefits of any activity that constitutes a criminal offence in the UK, and/or creating any arrangement that facilitates the acquisition, retention, control or use of such benefits. It is also an offence to conspire or attempt to commit such an offence. Money laundering also includes counseling, aiding or abetting or procuring.
Under the Proceeds of Crime Act 2002 we are required to report to the National Crime Agency (NCA) any suspicion we have of money laundering. We are obliged to make such reports to the NCA without your knowledge.
For the purposes of the Money Laundering Regulations 2017 we are regulated as an accountancy service provider by HMRC.
Conflicts of Interest
We maintain a conflicts of interest policy. Under this policy, we are required to disclose to you any conflict of interest which we identify.
Where appropriate we will develop, and implement proportionate safeguards to any conflict of interest. If, however, we feel that we cannot implement appropriate safeguards we will, with regret, terminate an engagement. If we arrive at this decision, we will notify you promptly.
From time to time, we may receive commissions or other benefits from third parties for making a referral. If at any point, we make a referral, and a commission and/or other benefit, will be transferred to us for making the referral, we will notify you, in writing, before the referral is made. This notification will include details of the type and amount of commission and/or benefit to be transferred.
Internal Disputes (Client)
If there is a dispute between any of the partners, directors, shareholders or persons with significant control involved in a business we will always act for the business as a whole.
If we receive conflicting instructions, we will refrain from acting until a majority of the parties can agree. We will always act on instruction from a director over instruction from another official from a company.
Unless otherwise stated we will continue to charge any applicable fees during an internal dispute.
We are not regulated by the Financial Conduct Authority (FCA) to conduct investment business. If you require investment business services, we will refer you to a business regulated by the FCA to offer these services.
Changes in the Law
We cannot accept any responsibility, or liability, for any losses or damages incurred because of a change in the law, or a change in the interpretation of the law.
Professional Indemnity Insurance
We hold sufficient professional indemnity insurance for our practice. This is a requirement of us holding a practising certificate with the Certified Public Accountants Association (CPAA).
Compliments and Complaints
We welcome feedback from any of our clients. Should you wish to congratulate, or highlight something we have done well.
Should you feel the need to make a complaint please contact us to allow us to try to resolve your complaint informally. If you feel we have not been able to resolve your complaint informally, please put full details in writing, and we will issue a response within twenty working days.
If you have already completed the above steps, but still feel your issue has not been resolved, you may issue a complaint to our professional body – the Certified Public Accountants Association (CPAA). Details of this procedure can be found on the CPAA’s website. Please note that the CPAA do not intervene in disputes relating to fees.
We retain the rights to any documents prepared by us during an engagement, except where the law specifically provides otherwise.
Our engagement shall be governed by English Law. The Courts of England shall have exclusive jurisdiction in relation to any dispute, claim or difference relating to the engagement and any matter arising from it.
Third Party Rights
Our engagement and all work produced thus is intended for the addressed individual/entity. We accept no responsibility to third parties for any advice or work produced under our engagement. Only a party to this agreement has the right to enforce any of its terms and no rights or benefits are conferred on any third party under the Contracts (Rights of Third Parties) Act 1999.
We may, from time to time, hold money on behalf of a client. This money will always be held in a separate client bank account.
If compelled by law, we may refuse a request for money to be transferred from a client bank account to you.
We will not claim fees owed from any money held in a client bank account, unless you have given permission in writing for us to do so.
We are currently regulated by the Certified Public Accountants Association. Through this regulation, we are bound by ethical guidelines, a series of best practice guidance and a set of rules and bye-laws.
We currently hold a valid practising certificate with the Certified Public Accountants Association (CPAA). In order to hold this certificate, we must complete ongoing training (continued professional development) and hold appropriate insurances.
We will notify you if at any time, we cease to be a member of the CPAA and/or we cease to hold their practising certificate.
Termination of Engagement
You may terminate our engagement under any clause within these terms and conditions. At any time, you may terminate this agreement by providing us with written notice within ten working days of the date you wish to terminate this agreement.
We may terminate our engagement under any clause within this letter. We may terminate our engagement providing we issue you with written notice within fifteen working days of the date we wish to terminate the agreement. We aim not to terminate an agreement if we feel it will be unreasonably detrimental to your ability to meet HMRC and/or Companies House deadlines, unless we suspect you are involved in criminal activity or have directly breached any part of the agreement. A disengagement letter will be sent to all parties to the agreement, and any related entities who we feel need to be informed of the disengagement.
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