Can I give undertakings on behalf of my firm?

Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.

You must only give undertakings which the firm will be able to comply with. You shouldn’t, for example, undertake to make a payment on behalf of your client unless your firm holds sufficient and unallocated funds for that client.

You must ensure your client is aware of the nature and effect of any undertaking, and any obligations it imposes on them.

Your firm should have in place a method of recording when undertakings are given and when they have been discharged by performance.

When giving an undertaking, you must ensure your status and position within the firm are made clear to the recipient. Undertakings may not be accepted where they are not given by a solicitor.

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