©
ACTIVITIES AND SERVICES
DRAFTING OF PROFESSIONAL MANDATES
- Acceptance of the Assignment and the Preliminary Phase:
- Ethical rules
- Anti-money laundering obligations
- Form of the contract
- The structure of the Engagement Letter:
- The main clauses and general conditions of the contract
- The subject of the Assignment and related Professional Services
- The fee
- Withdrawal
- The Professional's liability
- Personal data processing
- Anti-money laundering obligations
- Domiciliation
The drafting of the Professional Mandate in the contemporary context must be seen as a duty but also and above all as an opportunity to effectively manage professional relationships with one's clients. In this perspective, the preliminary activities to be carried out before drafting a Professional Engagement letter, identifying in a detailed and clear manner the subject of the Professional Engagement and therefore the Professional Services to be performed, illustrating the various contractual clauses, from mere formal requirements become an opportunity to identify an appropriate and fair compensation for the services rendered, the time dedicated, and the responsibility assumed, and to avoid consequences and disputes with even financial effects. All this with good satisfaction for the Professional and for their Clients.
PROFESSIONAL LIABILITY AND ETHICAL VIOLATION
ACTIVITIES AND SERVICES
- Code of Ethics
- Explanation to the Client with simplicity and clarity of the essential elements and any risks associated with the Assignment
- Civil liability
- Cases of non-fulfillment
- Ethical violation
- Disciplinary procedure
- The pathology of the relationship
First of all, it is necessary to analyze the regulatory framework of the civil liability of the professional, and secondly to analyze the different cases of non-fulfillment. Not forgetting the Ethical violation: the Professional, upon accepting the assignment, informs the Client of their respective rights and duties as well as notifies them of the existence of the Professional Code of Ethics; the Professional must also promptly explain to the Client, with simplicity and clarity, the essential elements and any risks associated with the assignment entrusted to them.
ANTI-MONEY LAUNDERING OBLIGATIONS
The Professional is required to fulfill the obligations related to the prevention of the use of the financial system for the purpose of money laundering and terrorist financing pursuant to Legislative Decree no. 231/2007 (as amended by Legislative Decree May 25, 2017, no. 90) before the assignment of the Professional Engagement concerning the professional service and, in particular, to carry out adequate customer due diligence, retention of documents and information, as well as, where necessary, reporting of suspicious transactions. Pursuant to this regulation, the Client is required to provide the Professional with the documents and information relating to the individual (or the company) and the signatories of the Professional Engagement letter, as well as the Beneficial Owner of the service in the case of a Client other than an individual. Such documents and information must also be transmitted as quickly as possible in the event of subsequent changes to the Beneficial Owner's data, in order to allow the Professional to promptly carry out the due diligence obligations required by law, including ongoing monitoring. Consequently, the unavailability of the requested documents and information may prevent the execution of the professional service, as expressly provided for by the Anti-Money Laundering regulations. Please note that the relevant document file is attached to the Professional Engagement letter and forms an integral part thereof.
ACTIVITIES AND SERVICES
- Adequate customer due diligence
- Identification of the Ultimate Beneficial Owner
- Identification of the actual owner
- Document file
- Document retention
- Reporting of suspicious transactions
ACTIVITIES AND SERVICES
PRIVACY OBLIGATIONS AND PERSONAL DATA PROTECTION
- The purposes and methods of processing for which the data are intended
- The mandatory or optional nature of providing the data
- The consequences of any refusal to respond
- The subjects or categories of subjects to whom the data may be communicated and the scope of dissemination of said data
- The rights referred to in art. 7 of Legislative Decree no. 196/2003
Privacy Policy for the processing of personal data pursuant to art.13 of EU Regulation no.679/2016 – GDPR (protection of individuals and other subjects with regard to the processing of personal data): pursuant to Legislative Decree 30 June 2003, no. 196, the Client authorizes the Professional, assistants and/or substitutes to process their personal data for the execution of the Professional Assignment entrusted. The documentation relating to the protection of personal data constitutes an integral part of the entrusted Professional Assignment.
©