Category: Directions and Guidance

Directions and Guidance

The Faculty Office issues directions to clarify rules. It also offers guidance. Guidance is often based on feedback from the reports of the Inspectors but might address practical issues following rule changes such as the price (transparency) information requirements (see below) which came into force in December 2019.

There are also links to useful external websites and information such the Guide issued by the Legal Ombudsman to handling complaints.

Restrictive covenants in employment contracts:

The Master was asked to provide a direction in the case of a notary, also practising as a solicitor and employed as such by a firm of solicitors, who had been requested by the notary’s employers to agree to certain restrictive covenants contained in a contract of employment to be issued by the firm of solicitors.

Guidance derived from the Master’s ruling can be downloaded here; this discusses issues arising under the Notaries Practice Rules 2019.

Practice Matters

The Faculty Office has issued guidance notes on topics which have been identified by the Inspectors although a new guidance note would also be issued, for example, to cover practical aspects of key rule changes.

When a new Guidance Note is completed (or updated) it is posted as news and emailed to all the profession but it is also published on this page as below.
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Money Laundering Regulations – Update

On 14 December 2023, statutory instrument 2023 No. 1371 (SI 2023/1371) known as the Money Laundering and Terrorist Financing (Amendment) Regulations 2023 (the SI) – was released, along with an explanatory memorandum. The SI modifies the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLRs) to clarify distinctions between domestic and non-domestic politically […]

Israel and the Occupied Palestinian Territories Humanitarian Activity General Licence issued

The Office of Financial Sanctions Implementation (OFSI) has the power to issue General Licences for country and thematic sanctions regimes under the Sanctions and Anti-Money Laundering Act 2018. On 14 November 2023 (followed by amendments on 20 December 2023), OFSI issued a General License (General Licence INT/2023/3749168) to facilitate the delivery of humanitarian assistance to […]

Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2024

On, 22 January 2024 the HM Treasury (HMT) issued Guidance on the changes to The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLRs), amending the definition of High Risk Third Countries (HRTC). The changes are as follows: Schedule 3ZA is repealed. High risk third countries (HRTCs) will now […]

High Risk Countries

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the ‘MLRs’) require the UK regulated sector to apply enhanced customer due diligence in relation to high-risk third countries The list of high-risk countries is set out in schedule 3ZA of the Money Laundering, Terrorist Financing and Transfer of Funds (Information […]

Addendum to the 2023 edition of the Legal Sector Affinity Group Guidance

This addendum contains legislative updates and shows a change in LSAG’s position and expectations. The areas covered include: Economic Crime Levy considerations for larger firms Discrepancy Reporting Guidance Registers of Overseas Entities update Changes brought in by the Economic Crime Act, including a new POCA de minimis limit of £1,000 A definition of Supply Chain […]

Website Spot Check – Rule 14.2 of the Notaries Practice Rules 2019

Under Rule 14.2 of the Notaries’ Practice Rules 2019 notaries must ensure that clear information on pricing, redress, service, complaints and regulatory information is available for the public to access on their websites. This includes: The basis upon which the notary calculates their fees for their services (price information); A brief outline of the services […]

Criminal Record Checks – Guidance

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 provides a list of certain professions and employment that are excepted from the application of the 1974 Act for which complete knowledge about a person’s background is required for the protection of the pubic. Since 2023 the profession of notaries has been an excepted profession which […]

High Risk Countries

The list of high-risk countries is set out in schedule 3ZA of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 3) Regulations added Democratic Republic of the Congo, Mozambique and Tanzania to the list of High-Risk Countries and […]

Proliferation Financing

The Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 which came into force in September 2022 have created a new obligation for regulated entities to identify, assess and mitigate the risk of proliferation financing.  Key points to note: “Proliferation financing” means the act of providing funds or financial services for use, in whole […]