Q. Does an accountant's report need to be delivered when a partnership converts into a limited liability partnership (LLP) but the year-end remains the same?

A. Yes. Assuming the partnership is ceasing to operate, or is ceasing to hold or receive client money or controlled trust money, the partners will need to deliver a final accountant's report covering the period from the end of their last accounting period up to the date on which the monies are transferred into the name of the LLP, or until they cease to hold or receive any client money or controlled trust money as partners, whichever is later.





Q. I am an employed solicitor working for a commercial organisation, and I have been asked to witness a statutory declaration as part of a Land Registry application for my employer. I know that solicitors in private practice have to get a different firm to administer oaths, affidavits or declarations in litigation, but can I administer the declara-tion in my circumstances?


A. Principle 17.07 of The Guide to the Professional Conduct of Solicitors (1999 - 8th edition) says you should not administer oaths and declarations in a proceeding in which the solicitor is acting for any of the parties, or is otherwise interested. This principle applies to contentious and non-contentious proceedings, and principle 4.01 of the guide makes it clear that you are bound by the same principles of conduct as a solicitor in private practice. Therefore, you are not permitted to administer the statutory declaration and would have to get a solicitor from outside the company to do so. To exercise the powers of a commissioner for oaths, a solicitor must have a practising certificate.




Question of ethics is compiled by the Law Society's professional ethics guidance team. Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch