Author: Simon Seaton

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  • Your CMRA Says “High Risk”. What Happened Next?

    A client and matter risk assessment records “high risk”. The conveyancer carries on with the purchase. What should another reviewer expect to find between those two events?

    The answer should include a reasoned assessment, appropriate additional measures, any required approval and a clear record of what remains outstanding. A risk rating alone does not demonstrate that the identified risks have been addressed.

    The SRA’s AML policies, controls and procedures guidance, published on 22 October 2026, reinforces the importance of connecting written procedures with action on individual matters.

    This concern is consistent with Lexsure’s findings during independent AML audits. Assessments may be missing, contain unsupported ratings or identify risks without demonstrating what the firm did in response.

    The SRA’s findings: having a CMRA procedure did not ensure it was followed

    In its latest guidance on AML policies, controls and procedures, the SRA reports that 135 firms were referred for a lack of client and matter risk assessments on files during its 2024–25 reporting year.

    Of those firms, 111 had documented CMRA processes within their AML policies, controls and procedures. Those processes were not being followed.

    The guidance also includes an illustrative tailored procedure connecting the assessment with where it is saved, enhanced due diligence and an identified approval route.

    For conveyancing firms, that creates two practical questions: are assessments being completed, and do their findings influence how the transaction is handled?

    Explain the rating before deciding the response

    A reviewer should be able to understand why the matter has been assessed as higher risk.

    “Property purchase” describes the legal service. It does not explain the particular client, funding, ownership structure or transaction features being considered.

    Likewise, “overseas funds” may identify a feature requiring consideration without explaining its significance in the circumstances.

    A useful assessment records:

    • The relevant client and transaction features.
    • The information and evidence considered.
    • Why those features affect the assessment.
    • What remains unclear or requires further investigation.

    Distinguish the risk presented by the circumstances from the effect of the controls applied. If your assessment records a residual risk rating, the file should explain which measures support that conclusion.

    “Apply EDD” needs to lead to specific action

    An instruction to apply enhanced due diligence is a starting point. It should lead to measures appropriate to the identified risks and any specific requirements that apply.

    Depending on the circumstances, that may involve further enquiries into ownership or control, additional evidence about funds or wealth, closer examination of the transaction’s purpose, additional approval or enhanced monitoring.

    The file should make clear what was required, who would undertake it and how the response was assessed.

    Collecting more documents without considering whether they resolve the concern may leave the original risk unanswered.

    An illustrative purchase: the funding arrangement changes

    A buyer initially explains that their contribution will come from personal savings. Shortly before exchange, they say that part will instead be paid by a relative’s company.

    The change does not automatically prove suspicion or dictate a particular risk rating. It does mean that the original explanation no longer describes the proposed arrangement in full.

    A practical assessment would consider questions such as:

    • Who is providing the money and why?
    • Is the contribution a gift, loan or another arrangement?
    • What is the relationship between the buyer, the relative and the company?
    • What enquiries and supporting evidence are appropriate?
    • Does the arrangement create separate lender-reporting or other legal issues?
    • Who must review the findings before the matter proceeds?

    This is a hypothetical example. The enquiries required depend on the facts, risks and applicable requirements.

    The updated CMRA should connect the new information with the action taken. Adding “third-party funds” to the form without recording a response would leave the assessment incomplete as a decision-making record.

    Make the connection visible on the file

    Stage What should be identifiable?
    Risk identified The relevant feature and why it matters in this transaction.
    Response required The enquiries, evidence, checks or approvals needed.
    Evidence assessed What was obtained, what it established and any unresolved inconsistencies.
    Decision reached The reasoning, decision-maker and any conditions attached to proceeding.
    Monitoring arranged The matters requiring further attention and the circumstances that trigger review.

    The assessment does not need to repeat every document. Clear references can connect the reasoning with the evidence, provided another authorised reviewer can follow them.

    Our article on the AML evidence chain explains why the firm-wide assessment, procedures and individual matter records should remain connected.

    Define what an approval actually covers

    An approval should identify the decision being made. Approval to accept instructions at the outset does not automatically resolve a funding change introduced later.

    Where the firm requires compliance sign-off, record who gave it, when, the information considered and any conditions.

    A condition such as “obtain further evidence before proceeding” should remain visible until it is satisfied. A general approval marker should not obscure outstanding work.

    The firm’s procedures should also explain the escalation route when the usual approver is unavailable or the concern involves someone senior within the practice.

    A revised rating should follow the evidence

    Obtaining additional information does not necessarily mean the risk has reduced. The information may resolve an uncertainty, confirm an existing concern or reveal a new one.

    A rating should reflect the assessment reached, with the reasoning recorded. It should not be changed simply to allow the workflow to progress or make the file appear complete.

    Equally, a higher-risk classification does not automatically prohibit acting. The firm must consider the applicable requirements, its risk appetite, the controls available and whether it can lawfully and appropriately proceed.

    Where knowledge or suspicion arises, staff must follow the appropriate reporting and escalation procedures. That is a separate question from selecting a risk category.

    Use digital assessments to support judgement and oversight

    A structured digital assessment can help a firm organise its approach and make outstanding work easier to identify. Its value depends on the quality of the information entered and the judgement applied.

    CDDmonitor’s digital client and matter risk assessment service provides support for initial assessments, ongoing monitoring and management oversight.

    When evaluating a system, consider whether the firm’s process enables staff and supervisors to identify:

    • The reasons supporting the assessment.
    • The measures required in response.
    • Unresolved enquiries and approval conditions.
    • Changes occurring during the transaction.
    • The evidence supporting the final decision.

    Software supports the assessment process. It does not transfer responsibility for professional judgement away from the firm.

    Review what happened after the rating

    A supervisor reviewing a completed CMRA should follow the identified risks into the subsequent file activity.

    If additional enquiries were required, were they made? If approval was conditional, were the conditions satisfied? If the funding changed, was the assessment reconsidered?

    Our guide to source-of-funds testing during internal AML file reviews explains how to examine the investigation and conclusions.

    Where the assessment identifies a risk but staff are unclear about the response, review the instructions. Our article on tailoring AML policies for conveyancing work considers how to turn generic requirements into usable procedures.

    What independent AML scrutiny can establish

    An independent AML audit can test whether assessments are timely, supported by evidence and reflected in the handling of the matter.

    Lexsure’s audit findings illustrate why this matters. A form can exist without demonstrating an effective assessment, and an assessment completed retrospectively may not show how risk informed earlier decisions.

    Regulation 21 requires an independent audit function where appropriate to the size and nature of the business. It does not impose a universal requirement for every firm to purchase an annual external audit.

    A useful immediate check is to select a matter assessed as higher risk and ask: can we demonstrate what happened because of that assessment?

    Do your CMRAs influence the work on your files?

    Lexsure’s independent AML audits examine risk assessments alongside client files, procedures and staff understanding to identify gaps between recorded risks and the action taken.

    Discuss a review appropriate to your firm’s size, conveyancing work and risk exposure.

    Discuss your firm’s independent AML audit →

    An independent audit supports oversight. Responsibility for AML compliance remains with your firm.

  • Your Conveyancing AML Policy Quotes the Law. Does It Explain the Job

    “The firm undertakes ongoing monitoring.” Could a new conveyancer read that sentence and understand what they must do? It does not explain when to review a matter, where to record a change or who to approach when the client introduces a different funding arrangement.

    The SRA’s AML policies, controls and procedures guidance, published on 22 October 2026, emphasises the importance of tailoring documentation to the firm. Its practical examples illustrate the difference between describing a legal obligation and explaining how staff should fulfil it.

    For conveyancing practices, this is an opportunity to test whether the AML manual helps fee earners make and record decisions during a transaction.

    The wider concern is consistent with Lexsure’s findings during independent AML audits: written procedures and what happens on individual files do not always align.

    Tailoring means more than adding your firm’s name

    A template can provide a useful starting structure. Effective tailoring requires the firm to consider its services, clients, systems, responsibilities and approval arrangements.

    Replacing the name on the cover does not explain how an instruction operates in your practice.

    The SRA’s guidance on AML policies, controls and procedures includes examples of tailored wording. The practical question for your own review is whether the document accurately describes the steps staff can and should follow.

    Our article on six AML policy gaps conveyancing firms should check considers missing coverage. This article addresses the quality of the instructions within that coverage.

    Give staff five practical answers

    For each important procedure, check whether the wording answers:

    1. Who acts? Identify the responsible role.
    2. When? Explain the trigger or stage at which action is required.
    3. What must they do? Describe the action and any relevant judgement.
    4. Where is the evidence recorded? Identify the system, form or approved location.
    5. What happens if the issue remains unresolved? Explain the escalation and decision-making route.

    The examples below illustrate that approach. They are drafting examples, not complete policy clauses, and should not be copied without checking them against your firm’s arrangements and applicable requirements.

    Example one: a change in the buyer’s funding

    Generic wording: “Fee earners must undertake ongoing monitoring and keep risk assessments up to date.”

    This states an objective but leaves the practical response unclear.

    Consider a buyer who originally proposes to use savings but later says that a relative will provide part of the contribution. A useful procedure should explain how that change reaches the fee earner, how the revised arrangement is assessed and what must be recorded.

    More operational wording might explain:

    Where you become aware of a change in the source, provider or route of funds, review the funding explanation and the client and matter risk assessment. Obtain and assess further information appropriate to the circumstances. Record the change, evidence considered, conclusion and any approval required under the firm’s procedures before taking the affected transaction step.

    The firm would then identify the relevant recording location, approval roles and escalation procedure.

    The instruction should support a risk-based assessment. It should not suggest that every change is suspicious or that the same documents are appropriate in every case.

    Example two: an electronic verification result

    Generic wording: “The firm uses electronic verification to complete AML checks.”

    Staff need to understand what the service checks, what the result means and what remains for them to assess.

    A useful procedure identifies:

    • Who reviews the result and any alerts.
    • What staff must do with an incomplete or inconsistent result.
    • Which additional enquiries or approvals may be needed.
    • Where the result and decision are retained.
    • How concerns are escalated.

    An electronic result should not become an unexplained substitute for the firm’s assessment of the client, transaction and relevant evidence.

    Check that the procedure reflects the service the firm actually purchases and the way staff use it.

    A risk rating should lead to a defined response. Our guide to what happens after a CMRA identifies higher risk explains how enquiries, mitigation, approval and monitoring should connect with the assessment.

    Example three: compliance approval

    Generic wording: “Higher-risk matters require compliance approval.”

    Who provides that approval? What information must they consider? Where is the decision recorded? What happens if they are unavailable?

    A procedure should distinguish the actions required of the fee earner from the decision made by the authorised reviewer. It should also explain any conditions attached to approval and how those conditions are monitored.

    An approval to accept instructions should not be treated as automatic approval of every later change in the matter.

    Where one person holds several compliance roles, describe the decision by reference to the relevant responsibility. Avoid assuming that the COLP, COFA, MLCO and MLRO are interchangeable.

    Example four: scrutinising source-of-funds evidence

    Generic wording: “Obtain evidence of source of funds.”

    That instruction may lead to document collection without sufficient consideration of whether the documents support the explanation.

    A clearer procedure explains that the fee earner must consider the evidence against the recorded funding arrangement, investigate material inconsistencies and record the reasoning behind the conclusion.

    The appropriate enquiries depend on the risks and circumstances. A fixed number of bank statements does not automatically establish that the investigation is sufficient.

    Our guide to testing source of funds during internal AML file reviews explains how supervisors can assess the quality of that work.

    Make the written procedure match the available workflow

    A policy may require a particular form or approval, but the case-management system may contain an older version or allow the matter to progress without the required step.

    Before approving revised wording, ask a fee earner to demonstrate the procedure on the system.

    • Can they find the current form?
    • Is the responsible reviewer identifiable and available?
    • Can the required evidence and reasoning be recorded?
    • Are conditions or outstanding actions visible to another person handling the matter?
    • Does the accounts team receive the information relevant to its responsibilities?

    If the workflow and wording differ, resolve the inconsistency. Do not describe a safeguard as operational if it has not been implemented.

    For a software-focused example, our guide to COMPLETIONmonitor and evidenced AML decisions considers the relationship between checklist answers, underlying evidence, alerts and supervision.

    Use policy templates and updates as drafting support

    Firms reviewing their documentation can browse the AML policies and procedures available from POLICYmonitor.

    The value of a template lies in using its structure and wording to develop instructions that fit the practice. The firm still needs to identify its roles, systems, risk appetite and escalation arrangements.

    For continuing drafting support, Lexsure’s AML Policy Update Service provides suggested amendments for consideration. Assess each relevant change, tailor it and decide whether forms, workflows or training also require amendment.

    Our October 2026 AML policy update article considers areas firms should review.

    Test understanding after making the change

    Circulating a revised document records one step in implementation. It does not establish that the instruction is understood.

    A short discussion using a realistic scenario can reveal ambiguity. Ask staff what they would do if an expected personal contribution arrives from a company, or if a client’s explanation conflicts with the evidence supplied.

    Then review subsequent matters to establish whether the revised procedure is being applied. Record any remaining weaknesses and the action required.

    This is also where independent scrutiny can help. An audit can compare the documented process with client files and staff understanding, identifying whether the problem lies in the wording, implementation or both.

    Regulation 21 requires an independent audit function where appropriate to the size and nature of the business. The requirement does not mean that every firm must purchase an annual external audit.

    Do your AML procedures work for the people using them?

    Lexsure’s independent AML audits examine policies, risk assessments, client files and staff understanding to identify gaps between written instructions and everyday practice.

    Discuss a review appropriate to your firm’s size, work and risk exposure.

    Discuss your firm’s independent AML audit →

    An audit supports oversight. Responsibility for AML compliance remains with your firm.