Part A of these rules sets out provisions for those who have established to provide legal services outside of England and Wales, for example as an overseas representative, or a branch office or subsidiary of an authorised firm. The rules set out in Part A are a modified version of the SRA Principles, together with key standards relating to client money and assets, and information and reporting requirements.
Authorised firms are required to ensure that those overseas practices for which they are responsible, and those who manage and own those overseas practices, meet the principles and standards set out in Part A of these rules. Regulated individuals who are established overseas must also meet the principles and standards set out in Part A of these rules, in place of the SRA Principles and Code of Conduct for Individuals. These rules do not apply to those who are providing services on a temporary basis from outside the jurisdiction; instead, the SRA Principles and Code of Conduct for Individuals will apply to them.
This reflects the fact that detailed regulatory requirements are less appropriate in a situation where the services are being provided from outside the jurisdiction, and where there will be different legal, regulatory and cultural practices. However, authorised firms will themselves be required to meet the full requirements of our regulatory arrangements and individuals established overseas will need to meet those requirements of our other rules and regulations which apply to them as solicitors or RELs (for example in respect of their character and suitability, and authorisation requirements).
The Cross-border Practice Rules set out in Part B of these rules apply to those who are engaged in professional activities in another State that is a member of the Council of the Bars and Law Societies of Europe (CCBE) and those who are in professional contact with a lawyer of another CCBE State whether or not they are physically present in that State.
This introduction does not form part of the SRA Overseas and Cross-border Practice Rules.
Part A: Overseas rules
Part B: Cross-border Practice Rules
Made by the SRA Board on 30 May 2018.
Rules made under sections 31, 32, 33A and 34 of the Solicitors Act 1974, section 9 of the Administration of Justice Act 1985 and section 83 of, and paragraph 20 of Schedule 11 to, the Legal Services Act 2007.