From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.

In response to the criticism levelled at the profession for failing to adequately advise buyers of the distinction between freehold and leasehold titles to residential property, By Lawyers have produced a brief appreciation that can be sent to clients with their initial letter. You will find the precedent ‘Enclosure - A short explanation of the important distinction between freehold title and leasehold title’ on the purchase matter plan.

The By Lawyers Financial Remedy publication has been reviewed and updated by our authors as part of our continuing review process. The review included several new precedents and greater commentary detail.

In order to further enhance communications between practitioners and their clients we have added to the initial letter an informative summary of the conveyancing process. This easy to follow chart is a step by step explanation of the process from the point of view of both the seller and the buyer. The matter plan provides letters for each step of the process, informing the client, the agent and other interested parties that the transaction has advanced to that stage.

Our author has recently reviewed the probate publication providing several new precedents and amending the commentary. Additional automation was also added to some of the precedents to increase flexibility and efficient usage.

The Civil Partnership (Opposite-sex Couples) Regulations 2019 enabling opposite-sex couples to enter into a civil partnership come into force on 2 December. This means that after a 28-day notice period, the first heterosexual civil partnership ceremonies could take place any time from the 31st December.

The SRA changes coming in on the 25th November has seen the By Lawyers Practice Management manual updated. New information and precedents have been included as well as existing policies updated. Please note the many client care and terms of business precedents have also been updated.

In response to a subscriber request, By Lawyers have published a New Build Contract for Sale. We would welcome any feedback subscribers might have.

Many subscribers will have noticed the file cover sheets now include a funny little code at the bottom of the page. This code is called a QR Code and it contains two identifiers that are used to identify the law firm and the matter. Should a firm use the FileMan Information Management system for long term file storage this will assist to streamline the process.

The By Lawyers Domestic Violence publication has been reviewed and updated by our authors as part of our continuing review process. This review saw the commentary in particular enriched with a deeper more practical approach to running such a matter.

A precedent Reservation Agreement has been added to the sale and purchase of land guides. The agreement is designed to bind the parties to an agreed pre-exchange time frame in which the seller will not deal with third parties, and the buyer will either exchange the offered contract or withdraw on discovery of serious adverse affectations through the usual investigations, searches and enquiries. By this means the parties are able, immediately following agreement and issue of the contract, to be confident that the transaction will proceed in the absence of unforeseen and unexpected circumstances.

By Lawyers has a new publication: Companies. With a comprehensive commentary and precedents, the companies publication deals with not only the incorporation of a new company, but also the ongoing running of a company and the hiccups that can occur along the way. The commentary discusses many issues such as: Appointing company officers; Articles of association; Shareholders agreements; Meetings, resolutions and records; Transfer of shares; and Tax. The matter plan provides the many essential everyday precedents as well as the more complex including: Two shareholders agreements, one concise and one extensive; Share certificate; Two agreements for sale of shares: one concise and one extensive; Deed of trust for purchase of shares by a trustee; Library of option precedents; and All of the necessary consents, minutes and resolutions. The new Company publication is available through the Legal Guides tab on the Forms & Precedents button in the LEAP matter.

Additions to the Sale and Purchase of Land commentaries have analysed the law and practice in relation to boundaries to assist practitioners who are called upon to prepare boundary agreements or to seek the determination of a boundary. Read more...

The commentary on the completion of the declaration of trust panel in transfers has been expanded to assist practitioners to correctly complete the panel. Read more...

The Financial Remedy commentary has been updated to include a straightforward appreciation of the different types of pension funds. The aim of this new section of commentary is to better assist practitioners in dealing with pensions in financial settlement matters including more detail on pension sharing orders, attachment orders and offsetting.