Accountant Title to be Protected

Accountant Title to be Protected

A new bill aimed at protecting the title “accountant” in Ireland has recently been introduced in the Dáil. The bill, if passed, will ensure that the title ‘accountant’ is reserved for those who meet stringently recognised standards and oversight.

The Bill is called The ‘Companies (Protection of Title: Accountant) Bill 2025and seeks to make it illegal for any individual or company to call themselves an “accountant” unless they are properly qualified and recognised by the Irish Auditing and Accounting Supervisory Authority (IAASA).

The general public are mostly unaware that they could be engaging with an accountant who is unqualified and who is not obliged to carry professional indemnity insurance. Architects and physiotherapists had the same problem up to some years ago until they got their professional titles protected in law.

The bill was introduced to the Dáil by Malcolm Byrne, TD for North Wexford, and seconded by Galway East TD Albert Dolan. Byrne told a local Wexford radio station that that consumers deserve to know they are engaging with a qualified professional who is accountable to a recognised regulatory body.

For audit cold file reviews and tailored training sessions explaining more about various topics like AML, Audit, FRS 102, please send a mail to john@jmcc.ie.

For more on engagement and representation letter templates and a variety of CPD webinars on money laundering and other accounting/audit related topics, please go to our website for:

ISQM TOOLKIT, or if you prefer to chat through the different audit risks and potential appropriate responses presented by this new standard. We typically tailor ISQM training and brainstorming sessions to suit your firm’s unique requirements.  Please contact John McCarthy FCA by email at john@jmcc.ie.

AML – Jurisdictions Under Increased Monitoring

AML – Jurisdictions Under Increased Monitoring

The Financial Action Task Force (FATF) concluded its October Plenary meeting in Paris recently. Delegates attended the meeting from more than 200 jurisdictions around the world.

At the meeting, four jurisdictions were removed from the list of Jurisdictions Under Increased Monitoring. They are Burkina Faso, Mozambique, Nigeria and South Africa and they are no longer under increased monitoring. No new countries were added to the list.

There are twenty countries remaining on the list known as the Grey List. These jurisdictions are actively working with the FATF to address strategic deficiencies in their regimes to counter money laundering, terrorist financing, and proliferation financing

Algeria Lebanon
Angola Monaco
Bolivia Namibia
Bulgaria Nepal
Cameroon South Sudan
Côte d’Ivoire Syria
Democratic Republic of the Congo Venezuela
Haiti Vietnam
Kenya Virgin Islands (UK)
Lao PDR Yemen

 

Three other countries which are known as High-Risk Jurisdictions are subject to a Call for Action at the 24 October meeting. They are the Democratic Republic of Korea (North Korea), Iran and Myanmar (formerly Burma). Some commentators call these countries the Red List.

For audit cold file reviews and tailored training sessions explaining more about various topics like AML, Audit, FRS 102, please send a mail to john@jmcc.ie.

For more on engagement and representation letter templates and a variety of CPD webinars on money laundering and other accounting/audit related topics, please go to our website for:

ISQM TOOLKIT, or if you prefer to chat through the different audit risks and potential appropriate responses presented by this new standard. We typically tailor ISQM training and brainstorming sessions to suit your firm’s unique requirements.  Please contact John McCarthy FCA by email at john@jmcc.ie.

Single AML Regulator for UK Accountants

Single AML Regulator for UK Accountants

The UK Government has last week decided to pursue an AML supervision model of having a Single Professional Services Supervisor (SPSS). The date from which the change will be implemented has not yet been announced.

It intends to appoint the Financial Conduct Authority (FCA) to carry out the new supervisory functions as part of its remit and will be tasked with working with the professional services sector, other regulators, and law enforcement agencies to improve the UK’s defences against money laundering.

How the FCA will carry out these functions is yet to be worked out.  They currently regulate 17,000 entities and this new responsibility will add another 60,000 entities (according to estimates by the Financial Times – link may require a subscription) to their stable of supervised entities.

The supervised firms which will switch regulator to the FCA include Legal Service Providers (LSPs), Accountancy Service Providers (ASPs), and Trust and Company Service Providers (TCSPs). This means that all firms currently supervised for AML/CTF matters by a PBS, and all ASPs and TCSPs supervised by HMRC (including High Value Goods Dealers) will be supervised by the FCA.

This change will obviously impact accountancy firms in Northern Ireland, but will the Irish Government decide to do something similar in the Republic of Ireland?  There are already (as in the UK at present) multiple AML regulators of professional service firms along with the Department of Justice and the Central Bank, among others. Watch this space for future developments.

For audit cold file reviews and tailored training sessions explaining more about various topics like AML, Audit, FRS 102, please send a mail to john@jmcc.ie.

For more on engagement and representation letter templates and a variety of CPD webinars on money laundering and other accounting/audit related topics, please go to our website for:

ISQM TOOLKIT, or if you prefer to chat through the different audit risks and potential appropriate responses presented by this new standard. We typically tailor ISQM training and brainstorming sessions to suit your firm’s unique requirements.  Please contact John McCarthy FCA by email at john@jmcc.ie.

Boats, Yachts and AML

Boats, Yachts and AML

Do you have a client business that deals or sells in boats or yachts where they may handle cash as part of the transaction?

Did you know that where the cash element of the transactions exceeds €10,000 in one single transaction or in a series of linked transactions, that your client is deemed to be a high value goods dealer (HVGD) and is obliged to register with the Department of Justice Compliance Unit (AML Unit) known as the AMLCU?

The AMLCU website also contains a downloadable Business Risk Assessment template which must be competed by your client annually under Section 30A of the Criminal Justice (Money Laundering & Terrorist Financing) Acts, 2010 to 2021.

As well as registering with the AML Unit, Customer Due Diligence must be applied to the transactions (meaning completing a written risk assessment and obtaining:

  • a copy of the customer’s photo I.D. (i.e. a passport or driving licence) and
  • a recent utility bill in the name of the customer.

The following documentation requirements also apply to the business:

  1. Keep the sales order for inspection by the AMLCU.
  2. Retain records of the method of payment (e.g. cash, cheque, EFT, etc.).
  3. Complete the cash transaction form designed by the AMLCU for those transactions of €10,000 or more.
  4. All documentation relating to transactions must be retained for the lifetime of the customer plus 5 years after that.
  5. Maintain an anti-money laundering (AML) file containing information on money laundering e.g. policies, guides, correspondence, etc.
  6. Have a written policy statement on money laundering and
  7. Evidence of recent up to date AML training for all staff.

If your client considers that one of their customers is involved in a suspicious transaction, they are obliged to report it to the Financial Intelligence Unit (FIU) and to the Revenue Commissioners through the relevant reporting channels.

For audit cold file reviews and tailored training sessions explaining more about various topics like AML, Audit, FRS 102, please send a mail to john@jmcc.ie.

For more on engagement and representation letter templates and a variety of CPD webinars on money laundering and other accounting/audit related topics, please go to our website for:

ISQM TOOLKIT, or if you prefer to chat through the different audit risks and potential appropriate responses presented by this new standard. We typically tailor ISQM training and brainstorming sessions to suit your firm’s unique requirements.  Please contact John McCarthy FCA by email at john@jmcc.ie.

The CRBOT

The CRBOT

The CRBOT (Central Register of Beneficial Ownership of Trusts) was created in 2021 to help prevent money laundering and terrorist financing through the use of trusts. It is a register of the names and details of the ultimate beneficial owners of Irish trusts.

In recent years the Revenue Commissioners are concerned that not every trust that should be registered on the CRBOT is actually on the register.

Their CRBOT Team have been conducting compliance-related visits to those acting for trusts, e.g. trust service providers, to ensure they are complying with the CRBOT requirements. While this will apply more to solicitors and law firms, some accountants may also act as trust service providers

The Revenue say that there is a general lack of awareness of CRBOT e.g.:

  • The term ‘beneficial owner’ means more than just a beneficiary/ class of beneficiaries.
  • The CRBOT Team expect to see a ‘settlor’, so a will trust, or unilateral trust should include this status in the trustee’s nature and extent of interest held.
  • Designated persons must check the CRBOT register themselves and retain evidence of that check.
  • Where a company acts as a beneficial owner and is registered on the RBO (Central Register of Beneficial Ownership of Companies and Industrial and Provident Societies), their CRO number can be provided to avoid capturing data that is already on the RBO.

Discrepancy Notices must be submitted if designated persons (such as tax advisers) identify factual discrepancies in relation to the trust registers when performing AML due diligence required under AML requirements.

For audit cold file reviews and tailored training sessions explaining more about various topics like AML, Audit, FRS 102, please send a mail to john@jmcc.ie.

For more on engagement and representation letter templates and a variety of CPD webinars on money laundering and other accounting/audit related topics, please go to our website for:

ISQM TOOLKIT, or if you prefer to chat through the different audit risks and potential appropriate responses presented by this new standard. We typically tailor ISQM training and brainstorming sessions to suit your firm’s unique requirements.  Please contact John McCarthy FCA by email at john@jmcc.ie.