AML ID Check Information & Charging Policy

Modified on Tue, 9 Jan at 12:41 PM

Please remember to include the fee(s) in your quotes/cost estimates to the client.

Formshare Forms now include an option for ID fees. You simply select 1-4 (representing the number of individuals) or “Comm Entity” where the client is a commercial entity. This will then pull through the charges into the Client Care Pack

Residential and Commercial Conveyancing quote templates have been updated. In the case of residential, there are no changes for you – please keep doing what you’ve been doing for the past few weeks

No charges are to be made for Legal Aid, Private Client and Settlement Agreements

Private Family (Fixed Fee) – there are different arrangements in place which I believe you’re already aware of

Any Questions?

Please speak with your Department Manager/HOD if you have any questions about whether a charge should be made.

Verification of Identity

This policy applies from 01/11/2021 and is supplemental to the policies contained in the Office Manual relating to Money Laundering and Fraud Prevention.

1	For all clients where we must conduct identity checks as part of our client due diligence (with the exception of Legally Aided work, Settlement Agreements, and all Private Client work), an ID verification fee must be charged to the client. This is charged regardless of whether we verify ID electronically or by using documents. The charges are as follows
	a.	For UK-based individuals/commercial entities:
		i.	Where we are acting for a commercial entity this is a flat fee of £15 + VAT
		ii.	For individuals where no commercial entity is involved, the charge is £10 + VAT per name to be verified
	b.	For non-UK individuals/commercial entities, we must establish which country they are in and consult with the MLRO to confirm the cost.
2.	Clients must be given details of the charge at the outset of the matter.
	a.	In the case of residential conveyancing and fixed fee private family work, the charge will be included in the overall fee given to clients and accounts will allocate the ID checking fee on completion.
	b.	In all other departments the fee is to be charged separately in the same way that we charge for archive fees and bank transfer fees.
3.	The charge is part of our costs and is not to be described as or charged as a disbursement. When preparing a quote, giving costs information, or preparing a bill the ID verification fee must be noted in the costs column.
4.	In all cases where an online ID check can be completed, this must be the preferred method of verifying identity. In cases where a client objects to an online check or where an online ID check fails then documentary evidence must be requested and verified.
5.	We must be 100% satisfied that we have evidence of identity and address. Acceptable evidence is listed below

SmartSearch Pass: 100%. No other verification required If SmartSearch is not used, one Document from List A and one document from List B
List A (50%)	List B (50%)
Current signed passport	Local Authority rent card or tenancy agreement
Current Full UK driving licence	Current Council Tax Bill
EEA Member State ID card	Utility Bill
Firearms or shotgun certificate	Mortgage Statement
Armed Forces ID card with photograph	Bank or Building Society Statement

6.	Validity of evidence:
	a.	A SmartSearch pass will be valid for 3 months from the date of the successful check
	b.	Documents in List A will be valid until the expiry date of the document
	c.	Documents in List B will be valid for 3 months from the date of the document. An undated document will not be acceptable.
7.	Evidence of identity checks must be recorded in Partner at entity level using the Money Laundering section on the entity record and the evidence must be saved to the entity’s case file.
8.	Where we are acting for clients on more than one matter, regardless of the departments involved, the evidence recorded at entity level can be relied upon by all departments subject to:
Electronic ID Checks (SmartSearch): Ongoing monitoring
9.	When using SmartSearch we are provided with ongoing monitoring of PEPs and Sanctions. Monitoring should remain in place only where we have a live matter for the client.
10.	When conducting a SmartSearch, a note must be made in the entity case that ongoing monitoring is active.
11.	From the date of this policy, the Archivist at the point of archiving the matter will check whether there are other live matters for the client.
a.	If there are other live matters, ongoing monitoring will remain active.
	b.	If there are no other live matters, ongoing monitoring will be disabled by the Archivist; a note must be made on the entity case to this effect.
12.	When beginning a new matter, if there is an existing valid SmartSearch that is to be relied upon, the Fee Earner must be satisfied that ongoing monitoring is active. This is to be verified by consulting the entity records described above. If ongoing monitoring is not active, it must be re-activated through SmartSearch and a note made on the entity record.