(FP) AMLA 1 - (160523) (H
(FP) AMLA 1 - (160523) (H
(FP) AMLA 1 - (160523) (H
SKRINE
PREVIEW OF TRANSACTION AND CLIENT CHECKLIST
IMPORTANT: THIS FORM MUST BE SUBMITTED TOGETHER WITH THE MATTER CREATION FORM
THE LAWYER MUST COMPLETE SECTION I (PART A OR PART B AND PART C) AND SECTION II
Is the client from, or incorporated in, or is a citizen of, or has an address in, any of
the following jurisdictions? YES NO
A. Algeria
B. Cuba
C. Iran
D. Iraq
E. Nigeria
F. North Korea / Democratic Republic of Korea (DPRK)
G. Sudan
H. Syria
I. Ukraine
J. Yemen
THE MATTER IS A DISQUALIFIED TRANSACTION IF ANY ANSWER IN PART C IS “YES”. DO NOT OPEN A FILE OR
COMMENCE WORK REGARDLESS OF THE TYPE OF WORK INVOLVED. CONSULT COMPLIANCE OFFICER
IMMEDIATELY.
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F. As company secretary:
i. Acting as a formation agent of legal entities.
ii. Acting as (or arranging for another person to act as) a director or
secretary of a company, a partner of a partnership, or a similar
position in relation to other legal entities.
iii. Providing a registered office, business address or accommodation,
correspondence or administrative address for a company, a partnership
or any other legal entities or arrangement.
iv. Acting as (or arranging for another person to act as) a trustee of
an express trust.
v. Acting as (or arranging for another person to act as) a nominee
shareholder for another person.
If any of the above is "YES", please elaborate on the nature of work:
IMPORTANT! THE LAWYER MUST CHECK THE RESPONSES FROM FILE OPENING SECTION TO THE QUESTIONS IN
SECTION III. IF ANY OF QUESTIONS 1 TO 5 (AS APPLICABLE) IN SECTION III IS ANSWERED IN THE AFFIRMATIVE, THE
LAWYER MUST NOT OPEN A FILE OR COMMENCE WORK AND MUST CONSULT THE COMPLIANCE OFFICER
IMMEDIATELY. FOR A QUALIFYING TRANSACTION, IF QUESTION 6 IN SECTION III IS ANSWERED IN THE
AFFIRMATIVE, THE LAWYER MUST CHECK WITH CLIENT WHETHER THE INFORMATION IN OUR KYC DATABASE
NEEDS TO BE UPDATED (REFER TO WORKFLOW FOR QUALIFYING TRANSACTIONS FOR EXISTING “KYC DATABASE”
CLIENT).
GUIDE NOTES
IMPORTANT!
A transaction listed in Items A to F of Section II (“Qualifying Transaction”) falls within the ambit of AMLA. Bank Negara’s document
entitled Anti-Money Laundering, Counter Financing of Terrorism and Targeted Financial Sanctions for Designated Non-Financial Businesses
and Professions (DNFBPs) & Non-Bank Financial Institutions (NBFIs) and the Bar Council Guidelines on Anti-Money Laundering & Anti-
Terrorism Financing are to be complied with. A copy of these documents can be obtained from the Sharepoint. Please proceed to conduct
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Customer Due Diligence and assess your client's risk profile using the parameters as set out in the Firm's AML/CFT Customer Acceptance
Policy.
EXCLUSIONS
The following matters will not usually fall within the ambit of Anti-Money Laundering and Anti-Terrorism Financing Act 2001 ("AMLA")
if they involve only:
- Advisory work
- Bank loan to individual and corporate client
- Dispute Resolution matters
- Trade Marks and Patents.
NOTE
# For the purposes of Item E of Section II, a “legal arrangement” refers to express trusts or other similar arrangements (Definition in
Paragraph 10.2 of BNM Guidelines).
[ end of document ]
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