Changes to the Code of Ethics

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) came into force on 26 June 2017, with some key requirements coming into effect on 26th June 2018. AML compliance now goes far beyond the need for Customer Due Diligence.

The bonding regime for IPs has been under review – is it fit for purpose? How and when is it likely to change? Bonding is not the whole picture, since it interacts with other insurances, your RPB’s professional indemnity insurance requirements and the best practice requirements of SIP 11.

Regulation 18 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 requires insolvency practitioners to have conducted a firm-wide risk assessment of the money laundering and terrorist financing risks that are presented within their business.

The introduction of a strengthened SIP 11 in 2018 placed increase emphasis on the need for robust financial controls within IP practices and made clear the Regulators' expectations that controls should be reviewed at least annually. But what do proportional financial controls actually look like in practice?

Approval of our remuneration is key to our business success and our engagement with creditors. After all, it's their money that pays our fees. There is perennial stakeholder and regulatory focus on what we get paid, and how it is approved.

Statements of Insolvency Practice (SIPs) are required practice in our role as insolvency practitioners. They set out the principles and key compliance standards which we must apply when approaching a particular area of practice: the presentation of financial information, the handling of client funds, decision procedures and connected party transactions, to name but a few.