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Useful information relating to Eversheds Sutherland (International) LLP

Money laundering

The law requires us in most cases to ask for evidence of identity.

Please note that we are subject to Money Laundering Regulations and as such we undertake a variety of checks to ‘verify’ our clients. Whilst we endeavour to keep these to a minimum there will be occasions where we are required to request personal documents such as Passports, Driving Licences and/or utility bills. In such circumstances we will discuss those requirements with you as soon as possible.

Our confidentiality obligations, as set out above, are subject to a statutory exception: recent legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances to disclose information to the National Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering or terrorist financing, the solicitor may be required to make a money laundering disclosure. If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it because the law prohibits 'tipping-off'. Where the law permits us, we will tell you about any potential money laundering problem and explain what action may need to be taken.

Cyber Essentials scheme

The Cyber Essentials scheme identifies some fundamental technical security controls that an organisation needs to have in place to help defend against Internet-borne threats.

Selected by industry experts, the technical controls within the scheme reflect those covered in well-established standards, such as the ISO/IEC 27000 series, the Information Security Forum’s Standard of Good Practice for Information Security and the Standard for Information Assurance for Small and Medium Sized Enterprises.

Download Eversheds Sutherland (International) LLP ISO 9001:2005 certificate
Download Eversheds Sutherland (International) LLP ISO Cyber Essentials Plus certificate

Data protection

In providing legal services in the United Kingdom, we will either act as a data controller or a data processor appointed by you. Where we act as a data controller in relation to any processing or personal data, we will comply with the provisions of the Data Protection Act 1998. Where we act as a data processor we will take such security measures as are required to enable us to process personal data in compliance with obligations equivalent to those imposed on you by the Seventh Principle of the Data Protection Act 1998.

We may use the information that you provide to provide you with information and services that you request from us, deal with enquiries that you may make, to enable us to provide you with information that we feel may be of interest to you; for the purpose of compliance with applicable laws and regulations, or to defend ourselves in claims under such laws, for legal, administrative and management purposes and for other legitimate business interests. If at any time, you or any member of your organisation no longer wishes to receive this information directly from us, you should contact our marketing department and the relevant contact details will be suppressed for the purpose of receiving this information.

Under the Data Protection Act 1998 you have the right upon payment of a fee, to obtain a copy of the personal information we hold about you. If you believe that any information that we hold about you is incorrect or incomplete, you should contact us without delay. Any information which is found to be incorrect or incomplete will be corrected promptly. All correspondence in relation to data protection, including any request for a copy of your personal information, should be in writing to the office with which you are dealing, addressed to the Data Protection Officer.

If your work is being handled by any of our offices based outside the United Kingdom, any personal data and information received from you and your organisation will be handled in accordance with the law which applies in the jurisdiction of that office or offices.

Some of our clients use e-billing services provided by a third party e-billing provider. The activity of e-billing raises important data protection issues. You should be aware that whilst we adhere to our data protection obligations, we cannot ensure that a third party e-billing provider complies with its legal obligations, e.g. with regard to how it processes your data. This means that we cannot be held liable for any claim made in respect of an e-billing provider’s negligence and/or breach of contract howsoever arising including (without limitation) its failure to process your data in accordance with its legal requirements. Furthermore, if you have engaged an e-billing provider we assume that you have entered into a separate agreement with that e-billing provider and satisfied yourself that it can comply with its legal obligations.

Confidentiality undertakings to ensure your information is kept confidential and only processed in accordance with our instructions.

We will normally disclose to you all information material to your affairs and business regardless of the source of that information. However, we will not pass on to you any confidential information about the affairs of any other client.

Insurance mediation and other financial services

We are not authorised by the Financial Conduct Authority to provide investment advice. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the 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 Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/register.

The provision of our legal services may also involve other regulated activities in relation to investments within the meaning of the Financial Services and Markets Act 2000. Although we are not authorised by the Financial Conduct Authority under the Act for those regulated activities, we may undertake activities such as arranging and advising which are incidental to our legal services or which may reasonably be regarded as a necessary part of our legal services. In doing so we are regulated by the Solicitors Regulation Authority. We cannot provide advice on the merits of financial products but can assist you to execute decisions which you may have made in relation to financial products.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000 but responsibility for regulation and complaints handling has been separated from the Law Society's representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and the Legal Ombudsman is the independent complaints handling body of the Law Society.

Where we are asked to recommend non-life contracts of insurance, we will not do so on the basis of a fair analysis of the market nor are we contractually obliged to do so. You are entitled to request details of insurance undertakings with which we conduct insurance mediation activities.

We are authorised and regulated by the Financial Conduct Authority to carry out debt collection and debt administration activities in respect of agreements regulated by the Consumer Credit Act 1974.

Inside information

If you are a traded company and are subject to the Disclosure and Transparency Rules issued by the United Kingdom's FCA (Financial Conduct Authority) or the EU Market Abuse Regulation (“MAR”), you agree to inform us, when you provide us with any information in relation to your company which you reasonably consider to be inside information, that it is inside information for the purposes of the Disclosure and Transparency Rules and the MAR.

Where requested to do so by you, we will make effective arrangement, having regard to any FCA guidance and the requirements of the MAR, to draw up and maintain an insider list in relation to your company and will provide you with a copy of such insider list as soon as possible on request. We will take such measures as are necessary to ensure that every person whose name is on the insider list acknowledges the legal and regulatory duties in relation to inside information (including dealing restrictions in relation to shares or other financial instruments of your company) and is aware of the sanctions for the misuse or improper circulation of inside information. If, during the course of acting for you, we engage a foreign law firm or another third party to act on your behalf or on your account, we will use our reasonable endeavours to ensure where necessary that the relevant third party agrees, in relation to inside information, substantially the same terms as are set out in this paragraph. In relation to third parties acting for you whom we have not engaged, we will assume that you have secured the necessary agreements in relation to inside information.

We reserve the right to charge you for these additional requirements in accordance with the normal arrangements we have with you.

Financial Services Compensation Scheme

The Financial Services Compensation Scheme (the "FSCS") aims to provide eligible claimants, including individuals and small companies who deposit monies with an authorised deposit taking institution with some protection in the event that that institution collapses. Generally speaking larger businesses are excluded assistance by the FSCS although there are some limited exceptions to this.

The maximum level of compensation that can be awarded is £85,000 (EIGHTY FIVE THOUSAND POUNDS) but it is important to be aware that the £85,000 compensation limit applies to each depositor for the total of their deposits with the institution, regardless of how many accounts are held or whether the depositor is a single or joint account holder. This means that any personal monies held by depositor will be aggregated with any monies already deposited by us in the same institution on their behalf.

Please be aware that some deposit taking institutions may trade under several brands meaning that monies may in fact only be deposited with only one institution despite the use of various names. More information can be obtained from the deposit taking institution, the FSA or a financial advisor.

Should a deposit taking institution collapse we will contact that FSCS and provide them with details of all clients for whom money is held in the relevant account. In order to do this we will be required to obtain our clients consent and we will arrange to obtain this should it become necessary.

The FSCS is an independent body, set up under the Financial Services and Markets Act 2000 (FSMA). For further details please visit the Financial Services Compensation Scheme at http://www.fscs.org.uk/.

Where do we hold client monies?

Funds held in connection with matters transacted by Eversheds Sutherland (International) LLP UK offices are held with those clearing banks who are members of the Cheque and Credit Clearing Company Limited unless we are instructed otherwise. A list of its current members can be found on the Cheque and Credit Clearing Company's website.

The Cheque and Credit Clearing Company Limited is an independent body and Eversheds Sutherland (International) LLP does not make any recommendation as to the suitability of any of the financial institutions listed. For further details please visit http://www.chequeandcredit.co.uk/.

Our Professional Indemnity Insurance

Eversheds Sutherland (International) LLP in England, Wales and Scotland maintains professional indemnity insurance which is provided by Qualifying Insurers compliant with the requirements of the Solicitors Regulation Authority in England & Wales and with the requirements of the Law Society of Scotland. The policy covers work done by the England, Wales and Scotland offices wherever in the world the error or omission occurs. Details are as follows:

Insurer Libra Managers, 100% underwritten by Certain Underwriters at Lloyd’s, 65.00% Amlin Syndicate 2001, 10.00% Markel Syndicate 3000, 7.50% S A Meacock Syndicate 727, 7.50% WRB Syndicate 1967, 5.00% Dale Syndicate 1729, 5.00% Antares Syndicate 1274
Policy Number APPUK1700355 or LB 053/17
Cover £3 million any one claim
Policy Period 1 October 2017 to 31 October 2018

A copy of our certificate can be accessed here. The local insurance arrangements vary for offices in other jurisdictions.

Complaints procedure

If you require any information about how to make a complaint about Eversheds Sutherland (International) LLP, please download our complaints procedure.

In the United Kingdom, if you are dealing with us as a private individual or are a very small business, charity, club or trust you may be entitled to ask the Legal Ombudsman to resolve your complaint. You can check if the Legal Ombudsman is able to assist you by telephoning 0300 555 0333 or you can email enquiries@legalombudsman.org.uk or visit www.legalombudsman.org.uk. Before making any referral to the Legal Ombudsman you are required to use our own internal complaints process. We always welcome the opportunity to address any concerns you may have about the service you have received from Eversheds Sutherland (International) LLP.

Alternatively, there are alternative dispute resolution bodies for consumers that may be able to assist, whose details can be found at the European Commission’s online dispute resolution website http://ec.europa.eu/odr. In the United Kingdom, we believe that the Legal Ombudsman’s scheme is the most suitable for legal complaints and they would be our suggestion if we are unable to resolve your complaint.

Approach to bribery and corruption

Eversheds Sutherland (International) LLP’s approach to bribery and corruption is one of zero tolerance. All people within Eversheds Sutherland (International) LLP are required to act honestly and with integrity at all times and must not offer or receive gifts and hospitality that could improperly influence, or be perceived to influence, business decision making. We will not directly or indirectly engage in bribery or corruption in any form.

Everyone in Eversheds Sutherland (International) LLP is required to comply with relevant anti-bribery laws and regulations, together with Eversheds Sutherland (International) LLP’s own Anti-Corruption and Gifts and Hospitality Policies. They contain clear guidelines and strict procedures for the prevention of bribery and corruption. We expect all our business partners to have similar policies which apply to all matters involving Eversheds Sutherland (International) LLP or its clients.

Please contact our Risk Director, Claire Larbey, if there is any suspicion that there has been a breach of our policies.