Skip to main content

Stamp Duty Stress Over: The SRA’s AML Compliance Crackdown Awaits

The surge in conveyancing activity due to the imminent ending of the Stamp Duty Holiday has placed significant pressure on law firms to maintain rigorous Anti-Money Laundering (AML) compliance standards. The urgency to expedite transactions may well have lead to shortcuts in due diligence processes.

Financial criminals often exploit such high-pressure periods, making it imperative for firms to adhere strictly to AML policies protocols.

The increased market activity may result in a higher incidence of incomplete transactions. For instance, in Q3 of 2024, there were approximately 84,079 abortive transactions, the highest since 2022. This trend underscores the need for law firms to manage risks meticulously and avoid overlooking potential red flags.

Firms should be acutely aware that the Solicitors Regulation Authority (SRA) is likely to ramp up auditing activity post-April 1, cynically knowing that many law firms may have turned a blind eye to client matter risk assessments in the rush to complete transactions before the stamp duty changes. This period represents a prime opportunity for the regulator to scrutinise compliance failures and impose sanctions where necessary.

When it comes to a SRA AML audit and reviews your files months down the line, they won't be interested in how “manically busy” you were. The frantic rush to complete transactions before the Stamp Duty deadline won't count as a mitigating factor. Compliance is compliance—no matter how chaotic things were at the time.

Now would be a good time to book in an independent AML audit ahead of the SRA knocking on the door.

Comments

Popular posts from this blog

FCA AML Audit: The SRA Is Out, the FCA Is In

For years, law firms prepared for AML scrutiny with one regulator in mind: the SRA. That era is over. The UK Government has confirmed a fundamental shift in supervision. AML and counter-terrorist financing oversight is moving from the SRA to the Financial Conduct Authority (FCA). This is not a cosmetic change. It is a full regulatory reset. If your firm is still thinking in terms of an internal review, an FCA AML audit will feel very different, financially, operationally, and reputationally. What Makes an FCA AML Audit Different The SRA regulates professional standards. The FCA enforces financial crime controls. That distinction matters. An FCA AML audit is not designed to guide or educate. It is designed to assess risk to the financial system and determine whether enforcement action is required. This is precisely why firms can no longer rely on internal reviews alone. An FCA AML audit will expect to see independent challenge, most ...

How Often Should Your Firm Conduct an Independent AML Audit?

In the world of AML compliance, there is a significant difference between doing your work and proving that your work is effective. Anti-Money Laundering (AML) compliance is no longer a "set it and forget it" task. For firms regulated under the Money Laundering Regulations (MLR 2017), the requirement for an independent AML audit is a critical hurdle. But a common question persists among MLROs and Compliance Officers: How often do we actually need to do this? 1. The Regulatory Starting Point: "When Appropriate" The law (specifically Regulation 21 of the MLR 2017) states that a relevant person must establish an independent audit function "where appropriate, with regard to the size and nature of its business." While the legislation doesn’t give a hard calendar date, the consensus among regulators—including the SRA and the Legal Sector Affinity Group (LSAG)—is that for most firms, an audit should be conducted at least every 2 yea...

Argie Bargie over Home Information Packs

In response to a question from Conservative MP David Amess on what methodology would be used to use to evaluate the effectiveness of the Home Information Pack programme, Communities and Local Government Minister Ian Austin was involved in heated argument. The wording of the debate ( reported in Hansard ) makes interesting reading, so I thought I would share it with you : Mr. David Amess (Southend, West) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. Mr. Andrew Mackay (Bracknell) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. Mr. David Jones (Clwyd, West) (Con): What methodology his Department plans to use to evaluate the effectiveness of the home information pack programme; and if he will make a statement. The Parliamentary Under-Secretary of State for Communities and Local...