We have now finished analyzing your AML Certificate 2019 data. You can find more on that here.
In order to give our members maximum time to prepare and collate data for the next AML Certificate, we are releasing a draft now.
The questionnaire should be familiar to those who completed it last year, with only small changes being made to ensure clarity and accuracy of returns across the population.
While we do not expect anything on this draft to change before the portal opens for submissions in February 2021, you should check this page again on 1st February for the final version. Remember, paper copies are for information only and will not be accepted as submissions.
New Guidance Booklet - New for the AML Certificate 2020 submission, we have created a short booklet of guidance notes on preparing, navigating and interpreting the AML Certificate process.
The AML Certificate is a crucial tool in our statutory obligation to deploy a risk-based approach to our AML Supervision. The Certificate is a questionnaire about your products, services, clients and the way in which you deliver your services, and is compulsory for those firms which fall within the scope of the AML Regulations.
- this year’s AML Certificate submission period will run from February 1st to April 23rd
- the relevant period (the period of business which the questions relate to) is January 1st 2020 to December 31st 2020.
Yes, under Accounts Rule B9, completion of the AML Certificate is compulsory. The usual process for non-compliance will be followed where necessary, which may result in referral of a complaint to the Scottish Legal Complaints Commission.
No. The AML registration process, whereby firms must keep us informed of Partners, Beneficial Owners etc, is distinct from the AML Certificate . Being up to date with your AML Registrations is not the same as being covered for your AML Certificate. You must still complete the AML Certificate process annually.
If your firm does not offer any of the services listed below, it may be that you do not need to submit an AML Certificate. You will of course need to satisfy yourself on the legal position.
Any firm which is exempt from reporting under the Money Laundering Regulations 2017 should complete a declaration of exemption to be entered in the firm's record. If you do not yet have this but believe you are exempt, please download and complete an exemption declaration and send to us at firstname.lastname@example.org
The service provision bringing firms within scope of the Regulations are,
- the buying and selling of real property or business entities
- the managing of client money, securities or other assets
- the opening or management of bank, savings and securities accounts
- the organisation of contributions necessary for the creation, operation or management of companies
- the creation, operation or management of trusts, companies, foundations or similar structures
- forming companies or other legal persons
- acting or arranging for another person to act;
- as a director or secretary of a company
- as a partner of a partnership; or
- in a similar capacity in relation to other legal persons
- providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or legal agreement
- acting or arranging for another person to act, as;
- a trustee of an express trust or similar legal arrangement; or
- a nominee shareholder for a person other than a company whose securities are listed on a regulated market
The MLRO should sign in to the Members Area of our website using their own credentials, then select AML from the menu on the left hand side. They should then select the AML Certificate tab, read the notes and scroll down to begin completing the form.
Please remember to use the Select Firm Box to confirm the Firm you are completing on behalf of.
Please also note the certificate is available to download and print to aid you in completion. You may also wish to save this for future submissions.
We have prepared a Guidance Booklet with a visual guide to the process.
Some fields are mandatory. The most likely explanation is that you have not completed all of the mandatory questions. If your answer to any question is No/None, 0, or Not Applicable this must still be entered.
Please remember to also complete the Position within the Firm field on the first page and then Select Your Firm field on the first page.
Yes, you can access a word copy of the certificate here and a copy will also be available at the bottom of the AML Certificate tab, when you log in to the portal in the AML section of the members area. Please note that theses copies of the certificate are for reference only and your AML Certificate must be completed online.
The time taken to complete the Certificate will be dependent on a range of factors within your business, for example the information systems you use or staff knowledge. It is recommended you begin completing the Certificate as soon as possible. Please note, while it may take some time to complete it in the first year, you will then have a good base from which to complete the Certificate going forward.
Having a system in place to record information necessary for completion of your AML Certificate going forward is recommended and your case management provider may be able to help you.
While accuracy is of course necessary, we are not demanding exact and verifiable answers from your firm if they are not available. Therefore, we do not foresee firms being completely unable to answer any of the questions.
To help you answer check the information 'pop up' boxes where they appear as an ‘I’ next to questions in the Certificate and read these FAQs in the first instance. Your most recent Lockton’s Master Policy application may help you in completing the Certificate. You can contact email@example.com if you are still having difficulty providing an answer to a question.
The MLRO should log in to the portal using their individual details rather than firm login details. The MLRO must submit the form. A designated person may be set up to enter information into the portal but the MLRO remains responsible for the information entered and must submit the form.
The MLRO should email firstname.lastname@example.org to name a designated person. They should provide full name, company, business address, phone number, email address and date of birth of the designated person. That person will then be assigned specific log-in details to allow them access to the form.
Yes, as part of the AML Certificate you must also supply a copy of your Firm Level Risk Assessment. This assessment is a statutory obligation within the Money Laundering Regulations 2017 (Reg. 18) and you should already have one in place. The AML Toolkit on our website has a template for a Firm Level Risk Assessment should you require one.
No, you should not complete the Certificate if you are registered outside of Scotland.
The responses will be used to assign inherent AML risk profiles across our supervised population. An inherent AML risk profile is a consideration of your firm’s AML risk before any mitigating controls are put into place and is therefore not a reflection of, or judgment on, your policies, controls and procedures or your firm’s ability to mitigate risk. The results of any analysis will inform our risk-based approach to supervision.
We currently intend to store data for up to five years for each AML Certificate return.
We do not intend to share your data outside of the regulatory functions of the Law Society of Scotland. However, where our regulator (OPBAS) carries out any audit of our files, they may have sight of the data as part of that audit function. Collated or anonymised data may be used to educate or inform governmental departments as well as our membership. At all times we remain bound by the reporting obligations contained in the Proceeds of Crime Act 2002 and other legislation.
Any firm which we record as starting after 1st July in the 'Relevant Period' will not be required to complete the AML Certificate.
For the 2020 AML Certificate (to be submitted between February and April 2021), this means that any firm we have recorded as starting on or after 2nd July 2020 will not have to complete the certificate.
These firms will still be required to complete all AML Certificates thereafter.
No, the Certificate can be completed over a number of sessions, but make sure you use the 'Select Firm' box before you log out or your changes may not be saved.