1 Introduction Compliance with financial crime prevention laws is critical to [insert organisation name][ and all its businesses]. To raise awareness, protect our reputation and avoid potential liability as a result of financial crime being committed by any of our business partners, we provide this briefing to all agents and intermediaries. As a partner, agent, consultant or other third party engaged to provide services for or act on behalf of [insert organisation name], you may be classed as an ‘associated person’ under relevant legislation and, as such, we can be held accountable for the actions you take on our behalf. It is therefore imperative that you: —understand and follow the same laws and policies that apply to us and our staff; —recognise when financial crime risks arise and know how to behave appropriately and in accordance with our policies in such situations; —make it clear to others that you and [insert organisation name] do not conduct business in an unethical manner; and —take steps to reduce the risk of unwittingly committing criminal offences. Commission of these criminal offences can carry severe penalties

Planning Note 1 The risk assessment should produce detailed recommendations for any required remediation of the organisation’s compliance program. See further: Financial crime area Practice Notes Precedents Anti-bribery and corruption How to identify and assess bribery and corruption risksKey risk areas—bribery and corruption Bribery and corruption—risk assessment Tax evasion facilitation prevention Failure to prevent facilitation of tax evasion—assessing risk Facilitation of tax evasion—risk assessment Fraud risk management How to manage fraud riskHow to identify and assess fraud risksKey risk areas—fraud—law firmsA-Z of corporate fraud Fraud risk assessment Note 2 See Precedents: • Anti-bribery and corruption policy (or Anti-bribery and corruption policy—for law firms) • Policy—tax evasion facilitation prevention • Fraud risk management policy In preparing your organisation’s policies, keep in mind: • what are the specific outcomes you are seeking to achieve? • how will the policy be monitored and enforced? • how has your organisation handled financial crime prevention in the past? • is the policy future-proof? For more guidance, see Practice Notes: • How to establish adequate anti-bribery and corruption procedures • Failure to prevent facilitation of tax evasion—proportionate risk-based prevention procedures • How to manage fraud risk—Proportionate risk-based prevention procedures You should secure the approval of senior management before proceeding any further. See Precedents: • Memorandum to board accompanying

1 General Name [Insert name of person conducting evaluation] Job title [Insert job title] Date [Insert date] 2 Evaluation Are

To be completed by [insert name of organisation appointing the agent/intermediary]. 1 Geographical factors Consider where the agent or intermediary is based. Country in which the agent or intermediary is based [Insert country] Country’s Transparency International Corruption Perceptions Index score [Insert score] Is there any substantial basis to believe that business in the country is frequently obtained by bribing officials and/or that such payments are common?If yes, provide details, including how you were made aware of such information, such as from other multinational organisations doing business in the country, local contacts, periodicals or news articles. ☐ Yes—[Insert details requested]☐ No Have enquiries been made as to the relevant civil/criminal law of the particular country to identify any significant differences to UK law (eg legality of facilitation payments)? ☐ Yes☐ No—[Insert details] Is that country known or reasonably suspected to:—operate high-levels of secrecy;—be used as a tax shelter;—not subscribe to Common Reporting Standards;—have a low OECD tax transparency rating. ☐ Yes—[Insert details]☐ No 2 General General details. Why do we need to engage an agent or intermediary? [Insert reasons] Name of prospective third party [Insert name] Principal contact Name: [Insert name]Title: [Insert title]Contact

1 General Date [Insert date] Name of agent/intermediary [Insert name] Reference provider [Insert business name] Relationship with agent/intermediary (if any) [Insert relationship, if applicable] Names

As we can be held liable for bribery, facilitation of tax evasion and fraud committed by an agent or intermediary while acting on our behalf, we must be confident before retaining an agent or intermediary (as well as throughout the business relationship) that they will not engage in these type activities. Therefore, our crime prevention measures require us to conduct appropriate due diligence in relation to any third parties acting on our behalf, to

The Financial Conduct Authority (FCA) has published a webpage on reducing and preventing financial crime, providing an update on progress made and identifying four areas of focus in 2024. For each area of focus, the webpage includes suggested questions for firms' boards to ask. The FCA says a key priority in 2024 will be its work to support government proposals to reform the anti-money laundering (AML) supervisory regime.

Netting Netting is a contractual arrangement between two parties. Essentially, it means that the parties have agreed that, when they transact with each other, they will not have individual cross-claims against each other. Instead, at any time there will be just one amount owed by the party whose notional cross-claim is worth less than its counterparty's cross-claim. Netting is extremely important in the context of derivatives. For example, under a swap two parties agree to exchange payment streams. Each party to the swap makes regular payments to the other. The payments made under the swap by one party are calculated on a different basis to the payments made by the other party. For example, under the most common type of interest rate swap (known as a fixed to floating interest rate swap): • one party makes regular payments by reference to a floating rate of interest, and • the other party makes regular payments based on a fixed rate of interest Depending on fluctuations in interest rates, either party could be in-the-money or out-of-the-money at any one

This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your circumstances. What is financial disclosure? Financial disclosure is the process of giving your spouse or partner, and the court, full details of your personal financial circumstances and your future needs and resources. It is usually the first thing your family lawyer will ask you to do, as they will be unable to advise you properly about the likely outcome of your case without having a full picture of where both you and your spouse/partner are placed financially. In financial matters, disclosure is essential whatever process you intend to use to achieve a solution: in or out of court. If you do start to use the court process the court will order both you and your spouse/partner to a complete financial statement (a form called Form E) before the first court hearing. In non-court processes such as mediation, collaborative law or arbitration, you are likely to be asked to use a similar document. Why is financial disclosure necessary? Both

An FDR appointment is a without prejudice court hearing in financial proceedings and an opportunity to explore whether the dispute can be resolved, with the assistance of a judge who, if the parties do not reach agreement, will give an indication of the order the court may make if the matter were to proceed to a final hearing.

Term Meaning Accounting reference date When a company is incorporated, it will usually have an accounting reference date that is the last day of the month in which the anniversary of its incorporation falls. Directors can change the accounting reference date by filing an appropriate form with the Registrar of Companies. It marks the end of the annual accounting period and is also known as the balance sheet date. Accounts payable Amounts owed by an organisation or individual to another for goods or services it has received. Accounts receivable Amounts due to an organisation or individual from another for goods or services it has supplied. Accrual A term used in company accounts where income is due or a cost is incurred during an accounting period but has not been received or paid. Adjusted earnings If a company’s earnings figures are distorted either positively or negatively by exceptional one-off occurrences in the year, its directors can choose to clarify the performance by releasing adjusted earnings. In other words, earnings with the exceptional items stripped out

Person appointed by the court to manage the property and financial affairs of an adult with incapacity under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000). See also guardian'>welfare guardian.