Independent AML Audit

Lexsure’s independent AML audits comprehensively analyses and evaluates a firm’s anti-money laundering and counter-terrorist financing procedures. The main objective of an independent AML audit is to assess the extent to which a firm’s processes, procedures and standards meet established AML regulations and legislative rules. In addition to identifying possible inadequacies and vulnerabilities, the AML audit also aims to provide recommendations to improve the firm’s control systems and enhance the effectiveness of financial crime control methods.

Firms will need to consider the following factors when determining the type of independent AML audit:

An independent AML audit function does not have to be external to the firm but must be independent of the specific function being reviewed. The independent AML auditor should have the authority to:

SRA regulated firms should take a risk-based approach to determining how frequently an independent AML audit should take place. Here at Lexsure we do not recommend an annual independent AML audit, for example for sole practitioners.

The Solicitors Regulation Authority has begun tightening its hold on the legal professionals that are not compliant with AML policies. The lack of an independent AML audit as the top area of concern for law firms in England and Wales.

It should not be all about surviving an SRA AML assessment, independent AML audits can be used as evidence of firms compliance when applying for lender panels, investors, and professional indemnity insurers. It can also be regarded as playing a role in protecting a firm’s reputation. Direct and indirect losses from AML breaches can be catastrophic to a firm’s reputation and economic stability.

How to select a person or consultant to conduct an Independent AML Audit?

Law firms can conduct an internal AML audit under Regulation 21 of the Money Laundering Regulations. That said, it must be carried out by someone apart from the in-house money laundering reporting officer, money laundering compliance officer, and the members of the anti-money laundering compliance team.

In addition, the individuals undertaking the AML audit must have a deep understanding of AML policies, Firmwide Risk Assessment and Client Matter Risk Aessments. They should also be robust in their approach to collecting, analysing, and verifying documents and procedures. AML Auditors must identify areas that require improvement and make recommendations where necessary.

Many firms are simply not equipped to undertake an independent AML audit internally..

An independent AML audit may be a better choice than an internal audit for three main reasons:

  1. it is a time-consuming process and would require certain staff who would be taken off fee-earning work to do the AML audit, in other words it may not be cost effective to conduct internally.
  2. not all firms may have the requisite AML expertise to conduct an internal AML audit
  3. an ineffective AML audit may not satisfy the SRA.

What does an Independent AML Audit by Lexsure look like?

The Lexsure Independent AML Audit essentially works in the same way as the SRA AML audit, minus the terror.

It involves the following steps :

The cost and time frames vary depending on the type of AML audit. Discounted pricing is available for sole practitioners.

What happens on the day of an Independent AML audit if you visit our offices?

During an independent AML audit at your offices, you can expect the Lexsure AML assessor to interview some of your fee earners and to go through a selection of their live matters.

You will need to find substitutes where staff members are not available at short notice.

Cooperation from your team is important and it is advisable that staff are made aware of the visit in advance. Those selected for ‘discussion’ can be anyone from partner level through to junior staff. It is not just about conveyancing staff.

It is important that your MLRO and MLCO are also available for interview.

Your staff should be able to confidently talk through the firm’s AML controls. When conducting file reviews. Lexsure will be looking for:

Does my firm require an Independent AML audit if we are CQS accredited?

Lexcel/CQS/ISO accreditation does not guarantee AML compliance; to the contrary, it can give rise to a false sense of security. You still need to have an independent AML audit under Regulation 21 of the Money Laundering Regulations. The key rule in relation to the term “independent” is that it must be someone who is completely independent of the AML functions that are being audited. Here are our top misconceptions when it comes to Independent AML audits:

  1. We have CQS accreditation and they have approved our AML PPCs. No they have not. Many of the firms who have been fined by the SRA have CQS accreditation.

  2. We don’t need to have an independent AML audit, as we are a small firm. This typically means that ‘’we have no budget’’ Regardless of your size, Regulation 21 of the Money Laundering Regulations.

Fifty percent of firms the SRA audited in 2022 had not conducted an independent AML audit. Out of those that didn’t, the SRA indicated that half of those firms actually should have conducted one.

Tips for Preparing For An Independent AML Audit

By adopting the following action in readiness for an independent AML audit, your practice will be best placed to evidence compliance with the Money Laundering Regulations and execute appropriate recommendations to enhance your AML compliance.