1) I do not operate as a sole trader;
2) I also confirm that any limited or umbrella company that I provide or will be providing my services through is;
an associated company of the client’s company (i.e. one company controls the other or
both companies are under the control of myself alone, or myself and other people); and/or
that
neither myself or any of my associates*, alone or together with other associates have:
(a) the beneficial ownership of, or the ability to control, directly or through the medium of other companies or by any other indirect means, more than 5% of the ordinary share capital of the limited/umbrella company; and/ or
(b) possession of, or entitlement to acquire, rights entitling myself or my associate(s) to receive more than 5% of any distributions that may be made by the limited/umbrella company; or
(c) In the case of a close company, possession of, or entitlement to acquire, rights that would in the event of the winding up of the limited/umbrella company, or in any other circumstances, entitle myself or my associate(s) to receive more than 5% of the assets that would then be available for distribution among any person who has a share or interest in the income or capital of the limited/umbrella company (e.g. a loan creditor or person entitled to acquire share capital or voting rights).
*An associate in this section includes any relative or partner of yours (including a spouse or civil partner, parent, grandparent or great grandparent, child, grandchild or great grandchild, or a brother or sister). It also includes the trustees of any settlement in relation to which you or any of your relatives (living or dead) is a settlor; or if you have an interest in any shares or obligations of a company which are subject to any trust, the trustees of any settlement concerned.
3) Where I will be providing services as a member of a partnership, I also confirm that:
• I am not entitled to 60% or more of the profits of the partnership, either alone or with one
or more relatives (i.e. a spouse or civil partner, anyone I live with as a spouse or civil partner,
brother or sister, parent or child or remoter relation in the direct line e.g. grandparent, great
grandparent, grandchild, great grandchild and so on.); and/or that
• Most of the profits of the partnership are not derived from the provision of services to a
single client, or a single client and its associates, under engagements which fall inside
IR35**; and/or that
• Under the profit sharing arrangements, the income of any of the partners is not based on
the amount of income generated by that partner by the provision of services under engagements which fall inside IR35**.
** An engagement will fall “inside IR35” where you, or a partner personally performs services for a client, or are under an obligation to do so, as an employee or office holder under the client, or under circumstances where you/the partner would be regarded as an employee or office holder under the client for income tax purposes if the services were provided under a contract between you/the partner and the client directly, instead of through the partnership.
4) I confirm that the information above is true and accurate and understand that Optima Staffing Solutions LTD may require proof that the above conditions have been met.
I agree to notify Optima Staffing Solutions LTD immediately and in any event within 24 hours or other timescale as you require if any of the conditions set out at above change.
• I understand that I may be removed from an assignment if the information above is not truthful or accurate and/or if I fail to notify Optima Staffing Solutions LTD of any changes within the timescale set out above.
• I also understand that a failure to provide truthful and accurate information and/or to notify Optima Staffing Solutions LTD of any changes within the timescale set out above may cause Optima Staffing Solutions LTD to suffer loss and that Optima Staffing Solutions LTD reserves the right to recover such losses from me directly.
