TERMS OF ENGAGEMENT
This indicates the basis on which we will act as your Accountant and Adviser. In the case of a Partnership or LLP ALL Partners must sign the Terms of Engagement. In the case of a Limited Company the Director and Company Secretary must sign. In all cases of LLP or Limited Company the Partners & Directors personally guarantee the fees to Figures in event of the failure of said business.
Your spouse/partner is legally responsible for his or her Tax affairs and these should be dealt with independently. If by us, a separate Terms of Engagement letter must be signed.
Please read this carefully due to its contractual content.
THE SERVICE WE PROVIDE
We will provide you with Accountancy Services and advice that relates to that service. We will prepare Income Tax Computations and Tax Returns based on the information and explanations supplied by you. Where we are requested to use estimates of figures, these estimates will have been deemed to be provided by you, we will not be held responsible for any errors or investigations caused by using estimates.
We will prepare your personal income tax and other tax computations with schedules where applicable, submit these to and agree these with HM Revenue & Customs. We will calculate your Tax liability and where applicable Class 4 or Corporation Tax liability. If requested, we will prepare your VAT, CIS, Companies House and PAYE Returns and all paperwork associated with these returns.
We will supply your Accounts, Tax Return and other associated Returns for approval and signature. Once approved and signed by you they will be submitted to HM Revenue & Customs. You authorise us, on your behalf, to file, where applicable, all documents via the HMRC & Companies House Electronic Lodgement Service.
(1) If amendments or updates are required to your Returns, we will prepare these and submit them on your behalf to the appropriate authority.
We will notify you of the amounts of Tax, National Insurance and Corporation Tax to be paid and when, including payments on account and balancing payments. Where tax has been overpaid, we will reclaim this on your behalf.
We will respond to all notifications sent to us or provided by you, by the authorities to whom we act on your behalf.
To enable us to act on your behalf, you agree as follows;
1) To provide us with all information required, within a reasonable period of time, to enable us to carry out the work you have requested. In the case of Book Keeping for VAT Return purposes the date in question will be no later than the 10th of the month that the VAT Return is due for submission. In respect of Tax Returns and Limited Company Accounts the date in question will be 4 months before the item is due for submission. Work received after the dates in question will not be guaranteed to be submitted on time and we will not be held responsible penalties or interest imposed.
2) To provide full disclosure on all matters relating to that work. We will rely on the information provided by you as being a true, complete and honest record of your affairs. Where you are unable to provide information immediately, you will provide such information as soon as practicable and will not hold us responsible for any action taken against you as a result of failing to provide such information.
3) To provide us with copies of all enquiry notices or communications from the relevant authorities which contain a deadline, such communications to be provided within a reasonable time for us to respond.
4) The Money Laundering Act (MLA) 2017. Following the introduction of this Act, you agree to provide us with all information required to comply with this Act within a period of 30 days of signing this Terms of Engagement. You also agree that you are aware of your (or the responsibility of your Company) to comply with the rules of this Act and provide us with full details of ALL income. You confirm that we cannot be held responsible for any legal action taken against you for non disclosure to us or the authorities of undeclared income.
5) We will take reasonable steps to ensure the MLA 2017 is complied with. This will mean requiring sight of your original passport or driving license and sight of a bank statement or utility bill in your name and current address which is not more than 3 months old. We may also carry our computerised checks using authorised outside agencies to confirm your identity.
(2) As part of the MLA 2017 we will carry out due diligence checks on each individual. We are also required to carry out a General Risk Assessment on each client and business and create a written policy.
Please note. It is now a Criminal Offence for any individual to recklessly make a statement in the context of Money Laundering which false or misleading. Such offense is now punishable by a fine and/or up to 2 years imprisonment.
We will provide our services as detailed in this letter with all due diligence however, we cannot be held liable for any penalties, surcharges, losses, interest or further tax liabilities arising as a result of you or others providing incorrect or incomplete information.
INFORMATION SUPPLIED TO OR FROM THIRD PARTIES
You authorise us to approach and obtain information from third parties to assist us in dealing with your affairs. Form 64-8 (which you will be required to sign additionally) will provide us to deal with most of your affairs for HMRC however, additional authorisation for other authorities may be required. By signing form 64-8 or other authorisation you confirm that we may contact and deal with these authorities on your behalf.
FINANCIAL SERVICES ADVICE
We are NOT authorised under the Financial Services Act 1986 to provide financial advice. Any advice required should be sought from an Independent Financial Advisor, one of which can be recommended by us.
COMMISSIONS RECEIVED FROM OTHERS
We may, on occasions, receive commissions from other parties as a result of introductions made. You consent to us receiving these commissions or other benefits and they do not form payment or part payment of any outstanding invoices.
(3) RETENTION AND RETURN OF RECORDS
ALL records should be retained for a minimum of 6 years plus the current tax year. On completion of work carried out on your behalf your records will be returned to you and become your responsibility. On occasions, we retain records for file purposes however; these will be destroyed at the optimum date above.
YOU agree to collect your records within 30 days of notification, such notification to be either in writing OR verbally, in which case a record will be placed on your file advising of the date, time and way of notification. Records not collected after 30 days will be the subject of a storage charge amounting to £25.00 plus vat per month, such fee to be amended from time to time. Records not collected after 90 days will be placed into long term storage at a charge of £50.00 plus vat per month PLUS a release fee of £30 plus vat.
If a client/business leaves the practice their information will be kept on record for FIVE years from the date of receipt any resignation or termination letter.
PAYMENT OF FEES
Our fees will be notified to you at the time of our initial meeting, such fees to be increased from time to time.
By signing this Terms of Engagement you are agreeing to the following;
1) Payment of our invoice within 7 days of receipt.
2) That if payment is not received within 14 days of invoice, we may charge interest on the outstanding amount at the rate of 5% per month compound or part thereof plus an administration fee of £25.00 per week or part thereof.
3) We have your authority to retain and not return your records OR supply them or information to others until such time as our invoice, plus interest and administration fees, have been paid in full.
4) In the event that a party does not settle any outstanding invoice within the stipulated period of time and we take legal action to recover outstanding fees, by signing this terms of engagement letter, the person or persons concerned are agreeing that ALL fees involved in recovering the outstanding liability will be met by the individual(s) or company involved.
In the case of a Partnership or LLP, payment of our invoice will be the responsibility of ALL partners either collectively or individually. Signature by ALL partners will be required on the Terms of Engagement letter and by signing, ALL Partners agree to settle any outstanding invoices either collectively or, in the absence of other Partners, individually.
(4) In the case of Limited Companies, ALL Directors will be required to sign the Terms of Engagement letter. By signing this letter they PERSONALLY GUARANTEE payment of all invoices raised should the Company be Wound Up or placed into Liquidation/Receivership.
COMPLAINTS AND QUALITY OF SERVICE
We strive to provide the best service to our clients possible. In the event that you feel our service has not reached its high standard, please speak personally to one of our Partners or, if unavailable, a Manager. Your complaint will be investigated thoroughly and you will be notified of the result in writing. If you are still not satisfied with the result of your complaint, the matter can be referred to the Association of Certified Public Accountants of which we are a member who will review the matter.
DATA PROTECTION ACT
This business is registered under the above act under Registration Number Z6346439.
LENGTH OF ENGAGEMENT
Our period of engagement will commence upon the return to our offices of a signed copy of this letter. The Term of Engagement and all matters contained therein will continue until such time as a TERMINATION OF ENGAGEMENT letter is received IN PERSON at these offices (or such address that may be applicable at the time) or a copy is received by way of recorded delivery. At the point of notification of us ceasing to act on your behalf, you, (or in the case of a Partnership, LLP or Limited Company, a representative of the same) agrees to settle all outstanding invoices within 7 days of the notice of Termination of Engagement.
This engagement letter is governed by, and construed in accordance with, English Law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matters arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction.
AGREEMENT OF TERMS
This letter supersedes any previous engagement letter for the period covered. Once signed, this letter will remain effective from the date of signature until it is replaced. You or we may vary or terminate our authority to act at any time, without penalty (other than payment of outstanding fees). Notice of variation or termination must be given in writing.
(5) Money Laundering Act
We will issue each client with a Privacy Notice. This will advise the client as follows;
1) What personal Data we hold.
2) The lawful basis on which we hold that information.
3) How and where the data is stored
4) Who has access to that data
5) How long the data is stored for
6) Who else the data is transferred to
7) The fact that the data is NOT transferred outside of the EU/EAA
In common with all accountancy and legal practices, we are required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017 to:
Maintain identification procedures for all new clients;
Maintain records of identification evidence;
Report, in accordance with the relevant legislation and regulations, to the National Criminal Intelligence Service.