DIE FAMILIE ROTEN
ACCA partnered with Lockton to deliver a webinar on the new PII regulations on 20 September 2023.
- Check if your business needs Professional Indemnity insurance as mandated by your professional body.
- Review client contracts, as they often specify minimum insurance levels for Public Liability.
- Assess the value of assets and potential business interruption to determine adequate property insurance.
- Consider Cyber Liability insurance, increasingly required in contracts for handling client data.
The session explained the PII changes and the implications for ACCA practitioners, and the transitional arrangements.
Accountants Professional Indemnity Insurance
As above — audit is a separately-underwritten activity even within a single PI policy. The work you do before you submit the renewal proposal form is what shapes the quote. We are happy to walk a practice through what to include and how to present it; it is, in our experience, the highest-leverage hour you spend each year. Apex is an independent FCA-authorised insurance broker. We are not tied to any one insurer, we are not a network, and we do not run our own policy or our own underwriting decision.
Past work
We act as your broker, which under FCA Conduct of Business rules means we represent your interests in the negotiation with the insurance market. In practice that means we take your renewal information, present it to insurers we think will price your particular profile sensibly, negotiate terms, explain the differences in wording between the quotes that come back, and document the decision so that it stands up to your own internal compliance review and your professional body's monitoring. We do not promise a particular price or a particular insurer — those are underwriting decisions that depend on your individual profile — and we do not have a quota with any insurer that would skew our recommendation. What we do guarantee, because it is regulatory, is that we act fairly, with integrity, and with reasonable skill and care, and that we tell you the basis on which we are remunerated. That information is on our Terms of Business page, and the route to raising any concerns about our service is on our Complaints page.
7.3 ATT discipline and run-off
If you are within ninety days of your PI renewal, this is the moment to look at the policy you currently hold and decide whether the limit, the wording, and the broker relationship are doing what you need them to. If you are mid-policy, this is the moment to make sure your file shows everything notifiable has been notified — the rules on disclosure during the bet free bets uk no deposit bonus year are strict and getting that wrong is the single most common reason a claim fails to be covered. To talk through your practice's PI position with an Apex broker, see the accountants sector page or contact us. The first conversation costs nothing and does not commit you to anything. PII is compulsory for all ACCA members who hold a practising certificate and engage in public practice and regulated activities in the UK and Ireland. View the Webinar on Regulatory changes and the implications for
Other insurance for accountants
Under transitional arrangements, PII policy renewals on or after 1 January 2024 must comply with new requirements. All existing PII policies must comply with the new requirements by 1 January 2025. The Global Practising Regulations (effective 1 September 2023) are available in the related downloads section of this page. Further details are provided in the Commentary on new PII Requirements (effective 1 September 2023) and in the Appendix there is a useful summary of the changes, including a comparison of the current and new PII requirements. A new Guidance Factsheet on PII Requirements (effective 1 September 2023) is also available in the related downloads section. your insurance Understand the requirements for Designated Professional Body, CILEX-
| Type of Breach | Potential ACCA Action | Practice Implications | Rectification Period |
|---|---|---|---|
| No valid insurance in place | Suspension of practising certificate | Cannot undertake public practice work | Immediate |
| Inadequate policy limits | Formal warning, requirement to upgrade | Risk of non-compliant status with clients | 30 days |
| Lack of required policy features | Directive to amend policy | Coverage gaps may leave firm exposed | 60 days |
| Failure to provide evidence | Administrative fine, investigation | Delays in certificate renewal | 14 days |
| Misrepresentation on application | Disciplinary proceedings, possible expulsion | Severe reputational damage | N/A |
and CAA/ATOL-registered accountants To carry out certain regulated activities, accountancy firms may need to purchase additional levels of Professional Indemnity Insurance.
15. Insolvency practitioner PI and bonding
PII policies provide cover for practitioners against claims for professional negligence. Given the significant changes in the PII insurance market in recent times and the importance of PII in the public interest, ACCA has undertaken a review of the PII market and its current PII regulations and developed new PII requirements in consultation with practitioners and insurance brokers in both the UK and Ireland, explains Stefan Pegram, ACCA’s Director – Practice Regulation. ‘Our PII regulations must adapt to reflect changes in the insurance market, and we believe the new regulations are pragmatic and proportionate,’ Pegram says. ‘In developing the new PII requirements, we have strived to balance the interests of practitioners and their clients and also the views expressed by the market and other stakeholders. The proposed changes have been reviewed and approved by our public interest oversight boards and lead regulators, after consideration of the market insight and feedback,’ he adds.
12.2 Liability Limitation Agreements (LLAs)
‘The new requirements are simpler, more practical and align more closely with other professional accountancy bodies.’ ‘Ultimately, PII provides important protection for ACCA practitioners and their clients,’ Pegram says. ‘It is in the public interest, and the interests of our practitioners and firms, that this safeguard exists and does so without disproportionate regulatory burdens. If PII cover is inadequate or non-existent, claims brought against the firm are uninsured and the lack of protection exposes practitioners to significant business risk and the loss of their own personal assets.’ The key changes to regulation 2 (Interpretation) and regulation 9 (Professional indemnity insurance) of the Global Practising Regulations are as follows: New Total income bands and PII limits:Total Income ˂£600,000PII Limit Greater of:(i) two and a half times the firm’s relevant total income; and(ii) £100,000Total Income ≥ £600,000PII Limit At least £1.5 million Although expressed in pound sterling (GBP), the limits should be applied in local currency equivalents, such as the euro Twenty-five times the largest fee multiplier has been removed from calculation of PII limits Sub-contractors must be included in PII and FGI policies Liabilities covered extended to include sub-contractors Work sub-contracted included in total income Uninsured excess restricted to £20,000 per principal Minimum PII and FGI increased from £50,000 to £100,000 High risk exposures (such as such as cyber related events, tax planning or financial services) covered on an aggregate basis New regulations on Retroactive cover and Regulated work It should be noted that the PII limits are minimum requirements and practitioners must consider the risk profile of their work and their clients and determine whether or not they should carry PII cover in excess of the minimum required. For example, some regulated work will require higher levels of PII cover arising from legislative requirements, or the requirements set by national bodies or regulators in a particular sector. There are no changes to the requirements for continuity following cessation.
ICAEW Compliant Cover
Run-off cover provides important protection for consumers and members and the requirement for PII cover for a period of six years after ceasing to engage in public practice balances the interests of practitioners and consumers. It also aligns with the normal limitation period in statute of six years from the date on which the negligent act occurred. ACCA’s Regulatory Board took into consideration concerns about the availability of run-off cover in the current insurance market, but it decided that run-off cover should remain mandatory for a period of six years, due to the high level of claims arising more than two years following cessation and the need to provide member protection. The new PII requirements are effective from 1 September 2023. However, members and firms have been given a period of time to adjust to the changes and obtain PII cover which is compliant with the new regulations. Failure to do so could leave you exposed to risk in the event of a mistake, oversight or third-party claim.
- UK employers must have Employers' Liability (EL) insurance with a minimum cover of £5 million.
- The EL certificate must be displayed at each business premises where employees work.
- Insurance must be provided by an authorised insurer under the Financial Services and Markets Act 2000.
- Cover is required for all employees, including temporary, casual, and contracted staff.
- Certain businesses, like family businesses with no direct employees, may be exempt.
- Failure to have EL insurance can result in fines of up to £2,500 per day.
Below, we explain the requirements for Designated Professional Body, CILEX- and CAA/ATOL-registered accountants.
| Practice Size (by staff) | Minimum Limit per Occurrence | Aggregate Limit | Typical Annual Premium Range (GBP) |
|---|---|---|---|
| Sole Practitioner | GBP 2,000,000 | GBP 5,000,000 | 250 - 500 |
| 2-5 Staff | GBP 5,000,000 | GBP 10,000,000 | 500 - 1,200 |
| 6-20 Staff | GBP 10,000,000 | GBP 20,000,000 | 1,200 - 3,000 |
| 21+ Staff | Case-by-case assessment | Case-by-case assessment | 3,000+ |
Professional Indemnity Insurance (PII) is compulsory for all ACCA members who hold a practising
- Fines for non-compliance with Employers' Liability insurance are enforced by the Health and Safety Executive (HSE).
- Operating without required motor insurance can lead to vehicle seizure, fines, and penalty points.
- Breaching contractually agreed insurance levels can lead to contract termination and legal claims.
- Operating without mandated Professional Indemnity can result in disciplinary action from your regulatory body.
- Inadequate insurance can lead to personal liability for directors if the company cannot cover claims.
certificate and engage in public practice and regulated activities in the UK and Ireland.
- Insurance requirements can be stipulated in the Articles of Association for limited companies.
- Shareholders' agreements may mandate specific Directors' and Officers' Liability cover levels.
- Bank loans or financing agreements often require asset and key person insurance as collateral.
- Landlord lease agreements frequently require tenants to have Public Liability insurance.
The limit required for PII is dependent on a firm’s relevant total
Does PI cover advice on cryptoassets?
Run-off is typically priced as a single up-front premium based on a multiple of your last year's working premium (commonly 100% to 250% across the run-off period in aggregate). Selling rather than winding down does not automatically transfer your run-off obligation to the acquirer. The sale documentation has to deal with it explicitly. We cover the practice-sale considerations in our companion article on practice mergers and sales for architects — the principles for accountants are very similar. Underwriters look at five things before they price your renewal.
12.6 The cost picture
Knowing what they look at lets you prepare a renewal submission that gets you a sensible quote rather than a reluctant one. What proportion of your fees comes from audit, from tax advice, from accounts preparation, from corporate finance, from MLR-supervised work, from insolvency, from outside-the-UK clients? Audit and tax advice carry higher loss costs in the underwriter's models; a practice that is 80% accounts-prep-for-OMBs and 20% personal-tax is a different risk from a practice that is 60% audit and 30% transaction work. Five years of claims, notifications and circumstances is the standard underwriter ask. A clean history priced through cleanly; a notified circumstance that hasn't crystallised into a claim still hangs over the renewal until it's closed out.
12.3 FRC sanctions
If you have a notification, the renewal submission should explain what the circumstance was, what was done about it, and why it shouldn't crystallise. Acting for financial services clients, listed companies, public sector bodies, charities, regulated professions (other accountants, solicitors), or businesses in sectors with high transaction activity carries different loss expectations. File reviews, peer review programmes, the firm's continuing professional development structure, software and audit-methodology choices. ICAEW's monitoring visits feed into how underwriters perceive a practice's risk discipline. Fifth, whether you are a registered auditor. income, details of which can be found in the ACCA PII Regulations.
| Policy Feature | Requirement | Purpose / Rationale |
|---|---|---|
| Run-off Cover | Minimum 6 years post-termination | Covers claims arising from work done while insured |
| Breach of Confidentiality | Must be included | Protects against inadvertent data disclosure |
| Loss of Documents | Must be included | Covers costs of replacing or restoring documents |
| Libel and Slander | Must be included | Protects against defamation claims |
| Fidelity Guarantee | Optional but recommended | Covers client money dishonesty by employees |
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