SQE Daily.

Commission and the Part 20 exemption: accounting to the client (FSMA 2000 s.327(3))

Ainsley Brook, an SRA-authorised firm in England that is not authorised by the FCA, is administering an estate. As an incidental part of that work, and relying on the exemption in Part 20 of FSMA 2000, the firm arranges for the executors to sell the deceased's holding of listed shares through an FCA-authorised stockbroker. The stockbroker pays Ainsley Brook a commission of £1,150 for the business. The firm's practice manager suggests keeping the commission as general firm income.

What must the firm do with the commission if it is to continue to rely on the exemption for professional firms?

Choose one answer to see the reasoning.

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