Additional Information:
What does “the managing of client money, securities or other assets” mean?
“Managing” include arranging or making transactions on behalf of a client, going beyond merely holding assets or providing advice. It involves active control or authority over financial assets, such as securities or other property, but it would not include just holding on to assets on behalf of the client or operating a solicitor’s client account. Some examples can include:
- Transactions – (i) buying or selling securities, or valuable assets for a client or (ii) executing transactions under a Power of Attorney.
- Portfolio Administration – overseeing a client’s investment portfolio and reallocating assets.
- Asset Transfers – (i) arranging the transfer of securities or valuable assets between parties.
What does “management of bank, savings or securities accounts” mean?
“Management” refers to the exercise of control or authority over financial accounts on behalf of a client, going beyond merely holding assets or providing advice. It involves active administration and operational responsibilities. Some examples include:
- Opening or closing bank, savings, or securities accounts for clients.
- Administering accounts for settlement funds, transfers or trust monies.
- Holding signatory authority or acting under a power of attorney for accounts.
- Acting as custodian or trustee for investment accounts.
- Overseeing compliance and reporting obligations related to those accounts.
What does “creation, operation or management of legal persons or legal arrangements” mean?
This term overlaps with the "trust or company services" definition set out in Section 1 of Part 1 of Schedule 1 to the AMLO, and Question B2 of this AML/CTF Self- Assessment Form. When members select the activity of "creation, operation or management of legal persons or legal arrangements", Questions B2 and B3 will automatically appear, prompting additional queries related to the type of trust or company services provided. Legal Practices offering such services should complete Questions B2 and B3, clearly specifying the types of trust or company services offered by the firm.