• harveyyan@zhongyinlawyer.com


合同法律术语:”CPs” 和 “CSs”

“CPs” 和 “CSs” 在法律术语中通常指的是 “条件先决”(Conditions Precedent)和 “条件随后”(Conditions Subsequent)。这些术语经常在合同法中使用,尤其是在商业和金融交易中。 这两种类型的条件对于确保合同各方履行其义务和保护他们的利益非常重要。 以下是一些关于条件先决(CPs)和条件随后(CSs)的示范条款,这些条款通常在各种类型的合同中出现: 条件先决(CPs)示范条款 条件随后(CSs)示范条款 这些条款仅作为示例,实际的法律文本可能会根据具体情况和法律要求有所不同。

Compliance Officers

The SRA Code of Conduct for Firms outlines the standards and business controls expected by the Solicitors Regulation Authority (SRA) and the public. In relation to compliance officers, the Code sets out specific obligations and responsibilities that they must fulfill. Here are some key points related to compliance officers within the SRA Code of Conduct for Firms:   1. Appointment and Role: Firms are required to appoint and maintain compliance officers who have the competence, authority, and resources to discharge their role effectively. Compliance officers are responsible for overseeing and monitoring compliance with the SRA Standards and Regulations within the firm.   2. Compliance Policies and Procedures: Compliance officers should ensure that the firm has appropriate policies, procedures, and systems in place to achieve and maintain compliance. These may include risk management policies, anti-money laundering procedures, data protection measures, and other relevant policies specific to the firm’s practice.   3. Training and Oversight: Compliance officers should provide training and guidance to all employees within the firm regarding their obligations under the SRA Standards and Regulations. They should also implement mechanisms to monitor and ensure ongoing compliance with these standards and regulations.   4. Reporting and Record-Keeping: Compliance officers play a crucial role in promptly reporting to the SRA any serious breaches or failures to comply with the SRA Standards and Regulations. They should maintain appropriate records to demonstrate compliance and make such records available to the SRA upon request.   5. Independence and Autonomy: Compliance officers should have sufficient independence and autonomy to carry out their responsibilities effectively. They should have direct access to the firm’s management and be able to report independently on compliance matters.   6. Continuing Professional Development: Compliance officers should undertake regular training and development to maintain and enhance their knowledge of regulatory requirements and best ……

Managers in authorised firms

The SRA Code of Conduct for Firms regulates the conduct of law firms, including sole practices. It sets out the standards and business controls expected by the Solicitors Regulation Authority (SRA) and the public. The Code applies to managers in authorised firms and compliance officers.   In relation to managers in authorised firms, the Code contains provisions that managers must adhere to. These provisions include: – Maintaining trust and acting fairly: Managers must ensure that their personal views do not unfairly discriminate and affect their professional relationships and the provision of services. – Avoiding abuse of position: Managers should not abuse their position of power within the firm to gain undue advantage or exploit others. – Avoiding misleading others: Managers must not provide false or misleading information to clients, employees, or other parties. – Fulfilling undertakings: Managers must honor any commitments or agreements made on behalf of the firm and ensure that they are fulfilled. – Dispute resolution and proceedings: Managers should ensure that the firm complies with the standards set for resolving disputes and participating in legal proceedings before courts, tribunals, and inquiries.   Breach of the SRA Code of Conduct for Firms by managers in authorised firms may lead to regulatory actions against the firm itself, its managers, or compliance officers, as well as against employees within the firm. It is important for managers to familiarize themselves with the specific requirements and obligations outlined in the Code to ensure compliance and uphold professional standards.

SRA Code of Conduct for Solicitors, RELs and RFLs

The SRA Code of Conduct for Solicitors, RELs (Registered European Lawyers), and RFLs (Registered Foreign Lawyers) regulates the conduct of these individuals and sets out the standards of professionalism expected by the Solicitors Regulation Authority (SRA) and the public. This code describes the ethical behavior and responsibilities that solicitors, RELs, and RFLs must adhere to in their professional practice. It covers various aspects such as maintaining trust and acting fairly, avoiding discrimination, avoiding abuse of position, avoiding misleading others, and fulfilling undertakings. The code also outlines the standards and controls expected in relation to dispute resolution and proceedings before courts, tribunals, and inquiries.

The purpose, scope and content of the SRA Principles

The SRA Principles consist of seven mandatory principles that solicitors must adhere to in their ethical and professional conduct. These principles serve as guidelines to ensure the proper administration of justice and maintain public trust in the solicitors’ profession. Let’s explore the purpose, scope, and content of these principles:   1. Upholding the Rule of Law and Proper Administration of Justice:     – Solicitors must act in a way that upholds the rule of law and ensures the proper administration of justice.    2. Upholding Public Trust in the Solicitors’ Profession:     – Solicitors must act in a way that avoids dishonesty and the commission of criminal offenses, both in their professional and private life, to maintain public trust in the profession.    3. Acting with Independence:     – Solicitors must make decisions independently and should not put themselves in a position where decisions are made by someone other than themselves or their clients. They should be free to make independent decisions regarding their clients’ interests.    4. Acting with Honesty:     – Solicitors must be honest in their dealings with clients, opponents, and judges. They may not lie or deceive others in the course of their professional duties.    5. Acting with Integrity:     – Solicitors must exhibit integrity in their professional conduct. They should not take unfair advantage of unrepresented opponents’ lack of legal knowledge and must maintain ethical standards even in their personal lives.    6. Encouraging Equality, Diversity, and Inclusion:     – Solicitors should promote equality, diversity, and inclusion within their profession. They should not discriminate in hiring based on sex, race, national origin, age, or any other factors.    7. Acting in the Best Interests of Each Client:     – Solicitors must act in the best interests of ……

application of the Financial Services and Markets Act 2000

Based on the information provided in the Source, the application of the Financial Services and Markets Act 2000 (FSMA) and related secondary legislation to the work of a solicitor can be summarized as follows:   1. General Prohibition: Under the FSMA, solicitors are generally prohibited from carrying on regulated activities as defined in the Act. Regulated activities are specified activities related to specified investments, as identified in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.   2. Generic Mortgage Advice: Solicitors are permitted to provide generic advice regarding mortgages. This means they can describe different types of mortgages to clients but cannot assist them in choosing one mortgage offer over another.   3. Conflicts of Interest: A solicitor’s duty to act in the best interests of their clients places limitations on taking instructions in the presence of conflicts of interest. There are two types of conflicts: own interest conflicts and client conflicts.       a. Own Interest Conflicts: These arise when there is a conflict of interest between the solicitor (or the firm) and the client. Situations including the solicitor having a financial interest in the client’s transaction, the client’s claim against someone related to the solicitor, the client’s claim against a company with which the solicitor has a commercial relationship, or the client seeking advice on rectifying losses caused by the solicitor’s mistake can all create an own interest conflict.       b. Client Conflicts: These arise when there is a conflict of interest between two or more clients. The solicitor must be cautious about representing clients who have conflicting interests.   4. Risk of Conflict: The duty to avoid conflicts of interest applies not only when there is an actual conflict but also when there is a significant risk of conflict.   5. Prohibition on ……

recognition of relevant financial services issues

In the context of financial services regulation, it is important to recognize and understand the relevant financial services issues. This includes the identification of specified investments, specified activities, and relevant exemptions. Here is an explanation of these terms:   1. Specified Investments: Specified investments refer to specific types of financial instruments or assets that are regulated under the financial services framework. Examples of specified investments include shares, bonds, units in collective investment schemes, options, futures, and other financial derivatives. It is crucial to identify whether a particular financial instrument falls under the definition of a specified investment in order todetermine if it is subject to regulatory requirements.   2. Specified Activities: Specified activities are the types of activities that are regulated under the financial servicesregulatory framework. These activities involve the dealing, arranging, advising, or managing of specified investments, among others. Examples of specified activities include arranging deals in investments, advising on investments, and managing investments on behalf of clients. Identifying whether a particular activity falls under the scope of specified activities helps determine if it requires proper authorization or exemption.   3. Relevant Exemptions: While carrying out regulated activities generally requires authorization, there are certain exemptions available under the financial services regulatory framework. These exemptions provide relief from the requirement of formal authorization for specific activities or classes of individuals or firms. They may be based on factors such as the nature of the activity, the status of the individual or firm involved, or the type of client being served. It is important to identify and understand the relevant exemptions to determine if they apply to a particular situation.   Identifying and recognizing these financial services issues – specified investments, specified activities, and relevant exemptions – is crucial for solicitors and firms to ensure compliance with the financial services regulatory framework. It helps determine whether authorization ……