Acting as Certificate Provider when the firm's Trust Corporation is appointed as an attorney

Trusts Discussion
1

Have any members been able to clarify what the position is in relation to the prohibition on a solicitor acting as certificate provider on a Lasting Power of Attorney that also appoints the firm’s Trust Corporation as an attorney/replacement attorney?

OPG Guidance and Regulation 8 of the Lasting Powers of Attorney, Enduring Powers of Attorney, and Public Guardian Regulations 2007 states that you cannot act as certificate provider if you are a director or employee of the trust corporation.

However we have come across conflicting guidance from Practical Law that states that this includes employees of any “connected business.”

Any comments or views would be really appreciated,

Will Hilliard
Kingston Smith

2

We were advised by the OPG over the telephone not to allow employees of our firm to act as Certificate Providers where our trust corporation is appointed as an attorney, even though the staff of the legal firm are not employees of the trust corporation. It is to ensure that we do not fall foul of the rule which prohibits an attorney’s business partner acting as a Certificate Provider, by virtue of the fact that the legal firm and the trust corporation fall under the same umbrella company.

Anna Howat
Chattertons Solicitors