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PRACTICE NOTES
This Practice Note sets out the requirements of the SRA Accounts Rules regarding use of suspense ledgers. It also reflects supporting guidance issued by the SRA on Planning for and completing an accountant's report which provides valuable insight into the SRA’s views on unjustified use of a client suspense account. What is a suspense ledger account? A suspense ledger account is a miscellaneous ledger account that is not specifically allocated to a client or the firm. It should only be used as a temporary solution to post unallocated funds—ideally for no more than five working days and, if possible, no more than 30 working days. It is unlikely that a suspense ledger account will be used to post an unknown debit payment, ie a payment out of client account (as opposed to a receipt). This is because sufficient funds and authority must be in place before any payment from a client account. For this reason, this Practice Note is limited to unidentified receipts. Causes of unidentified receipts and how to deal with them Unidentified receipts
PRECEDENTS
A: General information Date of review Person(s) conducting review B: Review and findings Do you need to review or create a list of persons who have authority to disclose the firm’s client bank account details and/or the responsibilities that go with disclosing such information? ☐ Yes—ensure you set an action point at section C below☐ No Do you conduct a review of the suspense ledger within the month-end routine? ☐ Yes☐ No—ensure you set an action point at section C below to review the suspense ledger at regular intervals Do your month-end reviews suggest the suspense ledger is used:—for long-term funds (in excess of 30 working days)?—for
GLOSSARY
When the construction works are put on hold at the request of the employer until notice is given to recommence.
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is not maintained. A significant restructuring of the UK listing regime came into effect on 29 July 2024 which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories such as the shell companies, secondary listing and closed ended investment fund categories.  The UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note reflects the listing regime prior to 29 July 2024 and has been retained for reference purposes. The Financial Conduct Authority (FCA) has a statutory power under the Financial Services and Markets Act 2000 (FSMA 2000) to suspend or discontinue the listing of a company’s securities. Suspension of listing on the Official List Under FSMA 2000, s 77(2) and 77(2A)
PRECEDENTS
1 The Employer may suspend the performance of any or all of the Services by giving
PRACTICE NOTES
This Practice Note examines statutory and contractual rights to suspend performance of obligations under a construction contract, which principally arise in the event of a failure by an employer to pay an amount due. The statutory right arises under the provisions of section 112 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) which deal with when and how the right to suspend can be exercised. This Practice Note then considers how the standard form JCT, NEC and FIDIC contracts deal with suspension as a consequence of the HGCRA 1996 or non-payment, and also looks at wider contractual rights for a contractor to suspend performance of its obligations (ie not just because of non-payment). Suspension can be a valuable tool for putting pressure on an employer that is not paying its bills (either at all, or on time). However, a contractor has no general right to suspend works in the absence of any express contractual or statutory provisions, and suspension in such circumstances could be wrongful (see ‘Wrongful suspension’ below) and the decision in Energy Works v MW High Tech.
GLOSSARY
Suspension of deportation refers to a temporary halt on enforcing a deportation or removal order, so that the individual cannot lawfully be removed from the UK or Ireland while the suspension is in effect. It commonly arises where an appeal, judicial review, fresh protection claim, application to revoke a deportation order, or other legal or administrative process is pending, or where removal would breach human rights or international protection obligations.In UK practice (including England & Wales, Scotland and Northern Ireland), the concept underpins provisions in the Immigration Acts and the UK’s human rights and refugee law framework, as interpreted by the tribunals and higher courts. It may result from statutory suspensive rights of appeal, court-ordered interim relief, or Home Office policy decisions.In Ireland, suspension of deportation similarly describes the effect of statutory protections, court orders or ministerial decisions that prevent execution of a deportation order under the Immigration Act 1999 and related measures.Across all jurisdictions, it does not normally cancel the deportation decision itself but pauses enforcement, often with implications for detention, reporting conditions, work rights, and access to support.
PRACTICE NOTES
Recap of discharge from bankruptcy A person’s bankruptcy commences on the day on which the bankruptcy order is made and continues until that person is discharged from bankruptcy (section 278 of the Insolvency Act 1986 (IA 1986)). A debtor is automatically discharged one year from the day on which they were made bankrupt (IA 1986, s 279(1)), unless a criminal bankruptcy order was made (IA 1986, s 279(6)). Until discharged, a bankrupt cannot, among other restrictions: • act as a director of a company (without the leave of the court) • obtain credit above £500 without disclosing that they are an undischarged bankrupt • carry on business (whether directly or indirectly) in a different name from that which they were made bankrupt without informing all people they do business with that they are an undischarged bankrupt • be elected to sit or vote in the House of Commons On discharge: • a debtor has no further liability for their bankruptcy debts (IA 1986, s 281)
GLOSSARY
When redemptions are suspended for a certain period of time which can be used as a liquidity management tool in order to prevent a ‘run on the fund’ when a significant number of investors want to redeem their interest in the fund at the same time.
PRACTICE NOTES
This Practice Note focuses on the suspension of trading in an AIM company’s securities and cancellation of trading in an AIM company’s securities. Suspension of trading in AIM securities As a general principle, the London Stock Exchange (LSE) will keep interruptions to the trading of shares on AIM to a minimum. However, where an AIM company has breached the AIM Rules for Companies (AIM Rules) or a suspension is necessary for the protection of investors, the LSE may suspend trading in the AIM company’s shares. Continued compliance with the AIM Rules during suspension During a suspension, an AIM company must continue to comply with the AIM Rules. Suspension of trading in AIM securities by the LSE Under the AIM Rules, the LSE will usually suspend trading in an AIM company’s securities in the following cases: • failure to have a nominated adviser (or nomad) (AIM Rule 1) • the LSE considers that the AIM company has failed to comply with the AIM Rules for Companies (AIM Rule 40) • trading
NEWS
Pensions analysis: The Deputy Pensions Ombudsman has rejected a complaint about the cessation of a spouse’s pension. Martin Scott of gunnercooke LLP looks at the decision.
GLOSSARY
Order made by the Pensions Regulator suspending a named person from exercising any powers or carrying out any duties as a trustee of an occupational pension scheme covered by the order.