Cooperation and accountability

You are reading current version in effect from 25 November 2019
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You are reading current version in effect from 25 November 2019

Guidance

The Money Laundering, Terrorist Financing and Transfer of Funds

This guidance is for firms and individuals we regulate that are subject to The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs) which came into force on 26 June 2017.

Access to and disclosure of an incapacitated person's will

To clarify circumstances where a solicitor can disclose a copy of a client's will to a property and financial affairs attorney.

Money laundering - Case study

The following case illustrates the importance of having a consistent approach to compliance with the Money Laundering Regulations throughout the entire firm.

Money laundering and terrorist financing

This notice highlights warning signs of suspicious transactions; solicitors should be aware of the warning signs, which may require you to take action in order to avoid committing a criminal offence or breaching your professional obligations under the SRA Handbook.

Putting matters right when things go wrong, and own interest conflicts

To outline certain key considerations for putting matters right when you identify that things have gone wrong through the fault of you or your firm.

Money laundering and terrorist financing suspicious activity reports

This notice highlights warning signs of suspicious transactions; you should be aware of the warning signs, and they may require you to take action in order to avoid committing a criminal offence or breaching your professional obligations under the SRA Handbook.

Reporting and notification obligations

This guidance provides supporting information in relation to your reporting and notification obligations,

Bringing criminal proceedings

This guidance is to help you understand how and when we may bring criminal proceedings

How we gather evidence in our regulatory and disciplinary investigations

This guidance is to help you understand how we gather evidence, the investigatory powers we have to gather evidence and how we can use those powers.

On-site investigations (inspections)

This guidance is to help you how we make decisions to conduct an on-site inspection and your obligations in that regard. We may have regard to it when exercising our regulatory functions.

Glossary terms

regulatory arrangements

has the meaning given to it by section 21 of the LSA

SRA

means the Solicitors Regulation Authority

relevant insolvency event

occurs in relation to a body if:

  1. a resolution for a voluntary winding up of the body is passed without a declaration of solvency under section 89 of the Insolvency Act 1986;
  2. the body enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act;
  3. an administrative receiver within the meaning of section 251 of that Act is appointed;
  4. a meeting of creditors is held in relation to the body under section 95 of that Act (creditors' meeting which has the effect of converting a members' voluntary winding up into a creditors' voluntary winding up);
  5. an order for the winding up of the body is made;
  6. all of the managers in a body which is unincorporated have been adjudicated bankrupt; or
  7. the body is an overseas company or a societas Europaea registered outside England, Wales, Scotland and Northern Ireland and the body is subject to an event in its country of incorporation analogous to an event as set out in paragraphs (a) to (f) above

occurs in relation to an individual if:

  1. the individual is adjudged bankrupt;
  2. a debt relief order has been made under Part 7A of the Insolvency Act 1986 in respect of that individual; or
  3. the individual has entered into an individual voluntary arrangement or a partnership voluntary arrangement under the Insolvency Act 1986.
register

includes:

  1. the roll and the register of solicitors with practising certificates kept under Part I of the SA,
  2. the register of European lawyers;
  3. the register of foreign lawyers; and
  4. the register of authorised bodies kept under the AJA and the LSA
approved regulator

means any body listed as an approved regulator in paragraph 1 of Schedule 4 to the LSA or designated as an approved regulator by an order under paragraph 17 of that Schedule

person

includes a body of persons (corporate or unincorporated)

client

means the person for whom you act and, where the context permits, includes prospective and former clients

in the SRA Financial Services (Scope) Rules, in relation to any regulated financial services activities carried on by an authorised body for a trust or the estate of a deceased person (including a controlled trust), means the trustees or personal representatives in their capacity as such and not any person who is a beneficiary under the trust or interested in the estate

COLP

means compliance officer for legal practice and in relation to a licensable body is a reference to its HOLP

COFA

means a compliance officer for finance and administration and in relation to a licensable body is a reference to its HOFA