MLR1PP6200 - Penalties Guidance: The correct legal entity

Warning letters and penalty notices should be sent to the proper person for the legal entity, and where there is a different Nominated Officer it should also be copied to them.

The proper person is, for:

  • A Sole Proprietor

The Sole Proprietor

  • A Partnership or LLP

The Nominated Partner

  • A Limited Company or PLC

The Company Secretary

  • An unincorporated body

A Trustee or authorised person

As a general principle any penalty action, including warning letters, must be taken against the person who is accountable within a business. (Also referred to as the accountable person)

When issuing warning letters a copy should be sent to any Accountant who is acting for the business providing that we have authority of the business to deal with them directly for MLR matters.