BE PREPARED.

ARE YOU MEETING YOUR LEGAL OBLIGATIONS?

HMRC is cracking down on businesses that breach the government’s Money Laundering Regulations (MLR), with inspections and the severity of penalties issued rising dramatically.

To adhere to the law and satisfy the Regulator, every business under the MLR is at a minimum legally required to:

  • Register with HMRC
  • Establish an Independent Audit Function – to examine its compliance with the legislation (Regulation 21)
  • Conduct effective Customer Due Diligence
  • Have a firm-wide AML Policies and Procedures in place (Regulation 19-21)
  • Have a firm-wide AML Policies and Procedures in place (Regulation 19-21)
  • Have a firm-wide AML Risk Assessment in place (Regulation 18)
  • All relevant employees must attend and keep up to date with AML training (Regulation 24)
  • Keep accurate AML records of such matters as training content and attendees, CDD, suspicious activity, etc
  • Appoint a qualified, independent, adequately supported Nominated Office / Money Laundering Reporting Officer
  • Agents must adhere to the latest HMRC guidance regarding trusts involved in the acquisition of UK land or property since 6 October 2020.
Find out more and get advice with FCS Compliance

Compliance news

Failure to comply could lead to big fines or even criminal prosecution.

'This is a test for the UK government to demonstrate it can fulfil its ambition of being the anti-corruption capital of the world,' says Transparency International.

'AML Protect' aims to help businesses avoid one of the biggest drivers of HMRC AML fines

'Whilst digital and AI technology has evolved rapidly, rogue tenants have also evolved with it, becoming increasingly more inventive in how they trick the system,' warns Benham and Reeves.

A tech-led compliance partnership represents 'a leap forward in the use of upfront information in property transactions', says Teal Legal.

EXTERNAL LINKS: USEFUL COMPLIANCE RESOURCES

HMRC guidance for estate agents & property brokers

Trading Standards Estate Agency Team

Propertymark Knowledge Hub

The Property Ombudsman, compliance code

RICS Standards & Guidance

ANTI-MONEY LAUNDERING (AML)

AML Briefings

AML expert Caroline Walters answers the five most frequently asked questions put to FCS Compliance in 2022 for the property market…

Designed to "root out corrupt elites using UK property to launder their illicit wealth," the Register of Overseas Entities has officially launched, requiring more transparency for UK property transactions…

The effects of the Economic Crime Act will be felt far and wide across the UK real estate industry, writes Nathan Rees.

The Economic Crime Act allows the government to convey the impression that it is ‘doing something’ about the proceeds of kleptocracy being laundered in the UK - but far more fundamental and far-reaching…

New anti-money laundering rules have come into force, affecting estate agents, high-end letting agents, solicitor, banks and lenders.

The government is finally stepping up the fight against the tide of 'dirty money' flowing through the UK property market, but estate agents shouldn't be the first line of defence, argues Saul Empson...

As "gatekeepers", estate agents play a crucial role in the UK Government's ongoing efforts to stamp out money laundering and terrorism financing.

Julie Howard explains how the new rules around overseas entities will work in practice, and why the idea of hiding behind asset holding vehicles is becoming a thing of the past

DATA PROTECTION (GDPR)

GDPR Briefings

On 25 May 2018, the General Data Protection Regulation (GDPR) will come into force, overhauling data protection law across the EU, including the UK.

Many firms are still not adhering to the rules around data protection, which could result in costly penalties in the event of a complaint, writes cyber security specialist Colin Tankard

LonRes has partnered with iCompli to help property agents manage clients' personal data.

TRADING STANDARDS & ADVERTISING

Trading Standards & Marketing Briefings

“The use of ‘POA’ or ‘price on application’ in relation to a listing on a property portal or an agent website is likely to be misleading as it withholds – or in some cases masks – the asking…

Estate agents must include prices, council tax bands and tenures on property portal listings.

Advertising a property as being available but then telling callers that they cannot view it because it is SSTC is a classic example of bait and switch, says David Smith

REGULATION OF ESTATE AGENTS (ROPA)

Coming Soon

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New relief exemptions only apply if the property is up for sale, writes lawyer Matt Crawford.

Carter Jonas' Head of Planning & Development talks us through some major proposed changes to the planning regime.

New leasehold flats are to be banned, with commonhold promoted as the 'default tenure'.

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