Legal

Provision of services by respective entities

John’s two practices are noted below.

John O’Donnell & Co Ltd has its registered office and office address at 1 Carbery Gardens Bournemouth BH6 3LS. John is the sole director of that company.

John O’Donnell & Co is also situated at that address.

Terms and conditions

John’s terms and conditions are available with the engagement letter, issued for services provided. Due to the services varying between the engagement as well as differing for the respective practices, only outline conditions are noted here. 

Those which apply to both practices are:

Complaints Process

 any complaints should be directed in the first instance to John and, in the unlikely event that satisfactory resolution is not possible, to ICAEW.

Fees

are based on either day-, half-day-, or hourly-rates or an agreed fee in the case of some more complex cases. These fees are agreed in writing in the engagement letter (or by email exchange) and are binding. Fees are payable on the terms of the engagement letter. Interest may be charged on late-paid invoices.

Limitation of liability 

in some cases, we act on the basis of an agreed limitation of liability which is explained and quantified in the engagement letter. 

We ask for the engagement letter to be returned, signed. If it is not returned, we note that we act on the basis that issuance of an engagement letter is taken as acceptance on delivery of the email to which it is attached.

Money laundering requirements

The two practices are member-firms within the meaning of the ICAEW definitions and, as such, are subject to Money Laundering Supervision by the ICAEW. We may require certain identification information unless publicly available information is suitable for the requirements.

Hot file review important information  

In the event that we carry out hot file reviews, we are not enjoined in the audit opinion by virtue of our being involved in the review of the assignment prior to the signature of the audit report.

Limitation on provision of our reports

Any document issued by us is prepared for the sole use of the contracted party which is our client (typically the regulated member-firm of auditors). It may be shared with the regulator (typically ICAEW) or the client’s Professional Indemnity Insurer. It may not be shared with any third party without our express written permission and (if we give that permission) this does not mean that we enter into an implicit tripartite agreement with that other party, nor do we owe any contractual liability to that party.

Our work is carried out on the basis of information provided to us. If relevant information is omitted, we cannot be responsible for that when we report to the client.

We do not send reports to any third party – that is always your responsibility 

We never issue reports or any other documentation or opinion to a party who is not our contractual client. If ICAEW or ACCA requires a report to be written on the compliance (typically with Audit Regulations) by a member firm; or an expert witness report is issued by us, it is always issued to the client, for them to serve upon the regulator (or court or third party) as appropriate. We do not accept responsibility for serving such documents. 

Data Protection Act registrations

Both practices are separately registered under the Data Protection Act with the Information Commissioner. We are committed to undertaking our work confidentially and comply with the requirements of the General Data Protection Regulations. More information is available in our terms and conditions.

What John does not do

John does not provide any advice in relation to taxation matters.

Any advice given by John (particularly in the context of sales of firms of accountants or partners’ interest in them) does not constitute investment advice.

Links

We provide the following links as helpful information for our clients

www.icaew.comInstitute of Chartered Accountants in England and Wales

www.accaglobal.com  – Association of Chartered Certified Accountants

www.frc.org.ukFinancial Reporting Council

www.aat.org.uk  – Association of Accounting Technicians

www.sageone.com  – Sage