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KYC Compliance: A Guide for UK Conveyancers

Published 22/06/2022

KYC (Know Your Customer) compliance is a crucial aspect for any conveyancer operating in the UK. The aim of KYC is to prevent illegal activities like money laundering, terrorism financing, and fraud by verifying the identity of clients and assessing the potential risks they may pose. In this guide, we will give a comprehensive overview of how to comply with UK KYC regulations for conveyancers.

Step 1: Understanding Regulations

The initial step towards KYC compliance is to understand the regulations that apply to your conveyancing business in the UK. The primary regulation for KYC compliance in the UK is the Anti-Money Laundering (AML) regulations and the Safe Harbour provisions.

Step 2: KYC Policy Creation

Once you have a clear understanding of the regulations, the next step is to develop a KYC policy. This policy should outline the procedures you will follow to comply with the regulations, including how you will collect and verify client information, evaluate risks, and monitor client activities. This policy should take into account the Safe Harbour provisions, which offer protection for businesses that have implemented proper risk management systems.

Step 3: Client Identification

One of the critical components of KYC compliance is client identification. You must accurately identify your clients and their relevant information, such as name, address, and date of birth. This information can be obtained through various sources, like government-issued ID documents or utility bills.

Step 4: Client Due Diligence

Client due diligence is another critical aspect of KYC compliance. It involves evaluating the risks posed by a client and determining if they are a high, medium, or low risk. This evaluation should consider factors like the client’s source of funds, location, and past financial transactions.

Step 5: Monitoring Client Activities

Once you have completed the client identification and due diligence process, it’s essential to monitor the client’s activities to ensure they are not involved in illegal activities. This may involve monitoring transactions, reviewing client accounts, and conducting regular risk evaluations.

Step 6: Record Keeping

Accurate record keeping of all client information, including their identity, risk evaluations, and suspicious activities, is important. These records should be kept for a minimum of five years, as required by UK regulations.

Step 7: Employee Training

Training employees on the importance of KYC compliance and the procedures they need to follow is crucial. This will ensure that all employees are aware of the regulations and know how to comply with them.

Step 8: Regular Review and Updates

Regularly reviewing and updating your KYC policy and procedures is important to stay compliant with the latest UK regulations and keep your employees informed of any changes. It’s also essential to regularly review and update your understanding of the Safe Harbour provisions as they may change over time.

In conclusion, KYC compliance is an essential aspect of any conveyancer operating in the UK. By following the steps outlined in this guide, you can ensure that your business is in compliance with UK regulations and that your clients are properly identified and evaluated. Additionally, by implementing a robust KYC policy, taking into consideration the Safe Harbour provisions, and regularly reviewing and updating your procedures, you can help prevent illegal activities such as money laundering and fraud.