“Overwhelming disagreement” made SRA change track on COFA responsibility


The Cube

The SRA: expecting to receive 5,000 qualified reports

“Overwhelming disagreement” made the Solicitors Regulation Authority (SRA) abandon a plan to make compliance officers sign declarations that their firms followed the accounts rules, it has emerged.

The SRA is also shortly to issue a consultation that will cut down the number of qualified accountant’s reports that need to be submitted to the regulator.

Annette Lovell, director of regulatory policy at the SRA, said it received feedback from a “wide range of stakeholders” on its proposal to make compliance officers for finance and administration (COFAs) sign declarations.

Ms Lovell said there was “overwhelming disagreement that requiring COFAs to make declarations was the right way to go.”

She went on: “One of the arguments was that if we did that, we would shift the balance so that compliance was about COFAs rather than the firm’s responsibilities.”

Ms Lovell said the SRA board looked at the issue again and it was “taken off the table”.

Speaking at the annual conference of the Institute of Legal Finance and Management (ILFM) last Friday, she said the regulator thought “long and hard” about the feedback it received on its plans for accountants’ reports.

The first part of the plans, launched in May this year, would have completely removed the obligation on firms to submit accountants’ reports to the SRA every year. This was modified so that only qualified reports need to be submitted, and implemented on 31 October.

Ms Lovell said the only firms completely exempt under the current scheme would be around 100 practices which only carried out legal aid work.

She said that as many as half or 5,000 of the 10,000 accountants’ reports submitted to the SRA were qualified; the regulator would be issuing a consultation in the next couple of weeks on the second phase of its reform plans.

This would apply revised criteria to restrict the number of qualified reports that needed to be submitted, introduce further categories of firm which would be exempted from the obligation and make further changes to the format of the report. The phase two changes are due to be implemented in April 2015.

“We are trying to come up with a way of not having to examine 5,000 reports,” Ms Lovell said. “It’s not about picking up on firms which are trying to do the right thing, but identifying serious breaches where we need to take regulatory action.”

Ms Lovell said this would be followed by full review of the SAR, with amendments due for implementation in April 2016. “We need a set of rules which better reflect the way firms are working at the moment,” she added.

Tags:




Leave a Comment

By clicking Submit you consent to Legal Futures storing your personal data and confirm you have read our Privacy Policy and section 5 of our Terms & Conditions which deals with user-generated content. All comments will be moderated before posting.

Required fields are marked *
Email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Blog


The power of participation for trainees and apprentices

It’s important as a trainee or an apprentice to get involved in the life of your firm – even under the pressure of discovering how to navigate professional life and now the demands of the SQE.


Is it time to change how law firms view compliance?

Although COFAs often hold senior positions and play an essential role in a firm’s financial and regulatory integrity, the perception of the compliance function itself is still evolving.


From templates to culture change: Lessons from the SRA on source of funds

The SRA’s new thematic review into source of funds and wealth reveals both progress and persistent blind spots, with source-of-funds checks too often thought of as a procedural hurdle.


Loading animation