ETHICS Q & A

Q I am a sole practitioner.

Can I incorporate my practice?A Until 1992, it was not possible for a company limited by shares to have one member only, and the Companies Act makes no provision for an unlimited company with one member only.

A statutory instrument altered the position.

The Companies (Single Member Private Limited Companies) Regulations 1992; SI 1992/1699 - came into force on 15 July 1992.

Essentially, this allows private limited companies of one member only.

However, you should satisfy yourself that the company or recognised body (after recognition by the Law Society) complies with general company law.

Nothing in the Solicitors' Incorporated Practice Rules prevents a private limited company of one member obtaining recognition, but Companies House have raised objections in the past you may wish to consult them before proceeding.

Aide MemoireX The Establishment of Lawyers Directive 98/5/EC will be implemented in England and Wales on 22 May 2000.

Lawyers from other EU states who are EU nationals and established in the UK will have to register with one of the UK Law Societies or Bars.

Lawyers already practising in the UK will have until 21 November 2000 to make their applications, unless they wish to take advantage of their new rights under the Directive at an earlier date.

X Question of ethics is compiled by the Law Society's professional ethics guidance team.

Send questions to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222.