Anti-Money Laundering (AML)

Definition

The body of laws, regulations, and procedures designed to prevent criminals from disguising illegally obtained funds as legitimate income. AML compliance requires financial institutions to implement customer due diligence, transaction monitoring, suspicious activity reporting, and record-keeping. Key legislation includes the EU Anti-Money Laundering Directives, the UK Proceeds of Crime Act 2002, and the US Bank Secrecy Act.

Complementary Terms

Concepts that frequently appear alongside Anti-Money Laundering (AML) in practice.

Know Your Customer (KYC)

The regulatory requirement for financial institutions and certain other businesses to verify the identity of their clients, assess their risk profile, and monitor transactions for suspicious activity. KYC procedures are mandated by anti-money laundering regulations including the EU's Anti-Money Laundering Directives and the UK's Money Laundering Regulations 2017, and form the first line of defence against financial crime.

Internal Controls

The policies, procedures, and mechanisms established by an organisation to ensure the reliability of financial reporting, effectiveness of operations, and compliance with applicable laws and regulations. The COSO framework provides the most widely adopted internal controls standard, defining five components: control environment, risk assessment, control activities, information and communication, and monitoring.

SOX Compliance

Adherence to the requirements of the Sarbanes-Oxley Act of 2002 (SOX), US federal legislation mandating rigorous financial reporting, internal controls, and audit standards for publicly traded companies. SOX Section 302 requires CEO/CFO certification of financial statements, while Section 404 mandates annual assessment of internal controls over financial reporting.

Employment Law

The body of legislation, regulations, and case law governing the relationship between employers and employees, covering areas such as contracts of employment, unfair dismissal, discrimination, working time, minimum wage, and collective bargaining. Employment law considerations are critical in M&A due diligence, particularly when valuing assembled workforce and assessing TUPE transfer obligations.

Anti-Bribery

The body of laws and corporate policies designed to prevent the offering, giving, soliciting, or accepting of bribes in commercial and public transactions. The UK Bribery Act 2010 is among the strictest globally, creating a corporate offence of failing to prevent bribery with a defence only for organisations that can demonstrate adequate procedures.

Beneficial Ownership Register

A public or restricted-access registry identifying the natural persons who ultimately own or control legal entities such as companies, trusts, and partnerships. In the UK, the People with Significant Control (PSC) register is maintained at Companies House, while the EU's Anti-Money Laundering Directives require member states to maintain central beneficial ownership registers.

Issuing Bank

A financial institution licensed by card networks to issue payment cards (credit, debit, or prepaid) to consumers and businesses. The issuing bank extends credit or provides access to deposited funds, bears the cardholder's credit risk, and receives interchange fees on each transaction.

Export Control

Government regulations that restrict the transfer of specified goods, software, technology, and technical data across national borders for reasons of national security, foreign policy, or non-proliferation. Export controls in the UK are administered under the Export Control Act 2002, while the US uses the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).

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