PROCESS C: CLIENT AND MATTER RISK ASSESSMENT FORM (INDIVIDUALS)

Process C - Individuals

CLIENT INFORMATION

SECTION A | FILE DETAILS

Matter Number

Fee Earner

Client Name(s)

Country Location

Occupation/Source of Income

Date

SECTION B | ADDITIONAL INFORMATION

Eg: ‘Also Known As;

Eg: 3rd Party Instructing

SECTION C | CONFLICT CHECKS

Date Conflict Check E-mail Sent

Result of Conflict Check

Personal association between member of firm and client?

Yes

No

COLP Approval sought on:

Email with COLP Approval located on ActionStep

Yes

No

CLIENT RISK ASSESSMENT (FEs TO COMPLETE)

1. Is the client a regulated professional?

Yes

No

If yes, attach PDF of Companies House print outs (if applicable) and a copy of the register for the firm and the individual and go to Q2. If no, go to Q3.

Additional Information

Tick to Confirm evidence is located in ActionStep.

Yes

No

2. If the client is a regulated professional within a firm, have you identified and verified the ID of the UBO?

Yes

No

If applicable, attach evidence and answer questions from Q4 onwards.

Additional Information

Tick to Confirm evidence is located in ActionStep.

Yes

No

3. If the individual is unregulated, have you received all necessary due diligence material to fully understand who your client is including both Veriphy and manual checks?

Yes

No

If applicable, attach evidence and answer questions from Q4 onwards.

Additional Information

Tick to Confirm evidence is located in ActionStep.

Yes

No

4. If a third party is instructing, do we have evidence of their authority to act and have we undertaken appropriate ID checks?

Yes

No

Additional Information

Tick to Confirm evidence is located in ActionStep.

Yes

No

5. Has there been any adverse media relating to this client? If yes, then have you considered the impact of this on our instruction?

Yes

No

Additional Information

Tick to Confirm evidence is located in ActionStep.

Yes

No

6. Is the client a PEP or Sanctioned? If yes, why do you consider that we can act?

Yes

No

Additional Information

Tick to Confirm evidence is located in ActionStep.

Yes

No

7. Have you met the individual(s) providing the instructions (in person or via video call)? If not, how are we satisfied that they are who they say they are?

Yes

No

Additional Information

8. If photo ID has been provided, can you confirm that the photo ID of the individual(s) provided is that individual / are those individuals?

Yes

No

Additional Information

CLIENT AML RISKS

Do you have any concerns about the client’s location?

Yes

No

Additional Information

Does it make sense for the client to instruct us from this location?

Yes

No

Additional Information

Is the client’s structure complex or unusual?

Yes

No

Additional Information

Does the client own, manage or direct a business or activity that falls within a higher risk sector (for example, arms trade, casinos, trade in high value items (eg art or precious metals)), or is cash intensive?

Yes

No

Additional Information

Have you obtained information or evidence of source of wealth?

Yes

No

Additional Information

Does the stated source of wealth and the sum of money involved correspond with what you know about the client? e.g. age and occupation

Yes

No

Additional Information

Have any of the answers above increased the AML risk profile of the client? If yes, please explain.

Yes

No

Additional Information

HIGH RISK THIRD COUNTRY

Have you confirmed that the individual(s)’s country of residence / company’s primary business is not a High Risk Third Country?

Yes

No

Additional Information

Have you confirmed that the individual(s) / company are not operating from or in a High Risk Third Country?

Yes

No

Additional Information

NB: HIGH RISK THIRD COUNTY DETAILS CHANGE FROM TIME TO TIME PLEASE ENSURE YOU CHECK FOR EACH NEW CLIENT IF OUTSIDE THE UK –
www.lawsociety.org.uk.url or https://www.legislation.gov.uk/uksi/2021/392/made

IF HIGH RISK THIRD COUNTRY, PLEASE CEASE USING THIS PROCESS AND USE PROCESS C.

MATTER AML RISK ASSESSMENT (FEs TO COMPLETE)

Please complete all questions

Does this matter concern Corporate, Commercial, Tax or has been identified as high risk? Please add a comment to explain your thoughts/why this matter has been identified as high risk if applicable.

Based on the client’s profile, does it make sense for the client to instruct us on this matter? Please add a comment to explain your thoughts.

Do we usually carry out this type of work?

Does this matter involve creating a complex structure?

Are there overseas elements?

Will this matter involve a country subject to sanctions?

Does this matter involve any party established in a high-risk third country or high-risk jurisdiction?

Do you have any concerns that any party linked to this matter is subject to financial sanctions or has links to a country subject to sanctions?

Is any party linked to this matter a politically exposed person (PEP), family member or a close associate of a PEP?

Does this matter involve a cash-intensive or high-risk industry?

Does this matter involve any party who manages or directs a business or activity that is cash intensive or within a high-risk industry?

Does this matter involve a risk of proliferation financing?

Are there any other factors that could indicate a higher risk of money laundering or terrorist financing?

Have any of the answers above increased the AML risk profile of this matter?

Does this matter involve a transaction?

TRANSACTIONAL AML RISK FACTORS

Please complete if matter is transactional

Is this transaction consistent with your understanding of the client’s profile and financial position? e.g. it makes sense for the client to instruct us on this transaction?

How will the transaction be funded?

Will the transaction be funded by digital assets?

Are we receiving funds from overseas?

Are we receiving funds from third parties?

Have you checked source of funds for this transaction?

Is the transaction unusually complex or large?

Does this transaction form part of an unusual pattern of transactions?

Does the transaction lack an apparent economic or legal purpose?

Have any of your answers above increase the AML risk profile of this matter?

GENERAL RISK ASSESSMENT (FEs TO COMPLETE) Please answer all the questions below.

GENERAL RISK FACTORS

Where has the work come from?

Do you have any concerns about the client’s capacity?

Do you have any concerns that the client may be under undue influence or pressure when giving instructions?

Does the client have any vulnerabilities or disabilities that require us to make reasonable adjustments?

Does the matter involve unusually tight deadlines or imminent key dates?

Have other solicitors been engaged in the matter before we were instructed?

Does the client have a history of late or non-payment of invoices with the practice

Do you have any concerns that it isn’t commercially viable for the client to instruct us?

Any previous complaints by the client or persons connected with the matter?

If anything in the General Assessment has raised concerns, do you require approval to proceed?

Yes

No

Email with COLP Approval located on ActionStep

Yes

No

ASSESSMENT OF RISK

AML Risk Rating

Low

Medium

High

Operational Risk Rating

Low

Medium

High

Fee Earner Signature

Clear

Date

Overall risk level guidance note: Low AML Risk unless client or their instructions are unusual or outside of our standard risk assessment for this process. High AML Risk if you are unable to verify the client’s identity against a reputable source or if the client is in a high-risk jurisdiction. There is a Medium General Risk if the answer to any questions in the General Matter Risk Assessment are yes.

Employment Law

Outsourced HR

Training

Mental Health & ED&I

Risk

Process C - Individuals

CLIENT INFORMATION

SECTION B | ADDITIONAL INFORMATION

SECTION C | CONFLICT CHECKS

CLIENT RISK ASSESSMENT (FEs TO COMPLETE)

CLIENT AML RISKS

HIGH RISK THIRD COUNTRY

MATTER AML RISK ASSESSMENT (FEs TO COMPLETE)

TRANSACTIONAL AML RISK FACTORS

GENERAL RISK ASSESSMENT (FEs TO COMPLETE) Please answer all the questions below.

ASSESSMENT OF RISK

Leeds

London