In November 2019 the Convocation (Board of Directors) of the Law Society of Ontario approved in principle amendments to by-laws designed to combat money laundering and terrorist financing. The amendments which build on existing regulation include: a requirement that licensees identify and record the source of client funds for a transaction clarification with respect to…
SRA to increase AML checks on law firms
The Solicitors Regulation Authority (SRA) has announced that they will be increasing checks on law firms after it found that 21 percent of the 400 firms consulted were not complying with anti-money laundering regulations. The majority of firms were using templates and these firms’ risk assessments were generally of lower quality as firms appeared to take…
FATF guidance for legal professionals
The Financial Action Task Force (FATF) has produced risk-based approach (RBA) guidance to help legal professionals design effective measures to manage money laundering and terrorist financing risks. The guidance is also aimed at supervisors of legal professionals, highlighting the importance of supervising the RBA. The FATF developed this non-binding guidance with input from the legal…
The Federation of Law Societies of Canada working with government in the fight against money laundering and terrorist financing
The regulators of the legal profession in Canada and the Canadian government have embarked on a new chapter in the fight against money laundering and the financing of terrorist activities. Late last Spring Canada’s Minister of Finance announced the creation of a joint working group comprised of representatives of the government and the Federation of…
Anti-Money Laundering and Lawyer Regulation: The Response of the Professions
Abstract The extension of anti-money laundering (AML) controls to lawyers has been a controversial topic since the early 2000s. The legal professions facing these measures have adopted differentiated strategies of response, three examples of which are examined and contrasted in this paper. In the US, the legal profession vocally objected to the measures and has been able to deflect…
Event: 2019 NOBC Annual Meeting
7-10 August 2019 Hotel InterContinental Mark Hopkins, San Francisco Topics include: AML, cybersecurity, re-branding regulators, dealing with vulnerable lawyers and regulating out of state attorneys. This event has now passed.
The relevance of FATF’s recommendations and fourth round of mutual evaluations to the legal profession
More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently…
The FATF FinTech and RegTech initiative
At the end of February 2018, the Financial Action Task Force (FATF) launched the new FATF FinTech & RegTech initiative platform, to share information about national initiatives and developments relevant to FinTech and RegTech. The FATF policy is to strongly support responsible financial innovation in line with the FATF Standards to tackle money laundering and…
SRA publishes the findings of its money laundering review
The SRA’s review of 50 firms has shown that although most law firms are doing what is needed to tackle money laundering, some need to do more. The review of firms – large and small – explored the profession’s compliance with the more stringent demands of the Money Laundering Regulations 2017, introduced last June. It also…
The Federation of Law Societies of Canada: AML update
The Federation of Law Societies of Canada (the “Federation”) is in the midst of a consultation with its members, the 14 provincial and territorial regulators of the legal profession, on proposed amendments to the Model Rules that have formed the cornerstone of the law societies’ fight against money laundering and the financing of terrorist activities…