Clarkslegal LLP is a limited liability partnership registered in England and Wales. Registered number: OC308349. Registered office: One Forbury Square, The Forbury, Reading RG1 3EB. Solicitors regulated by the Law Society. References to Partners are to members of Clarkslegal LLP. Clarkslegal LLP is a member of the TAGLaw worldwide network of law firms.
Full details of how we collect and process your data (including personal data) together with how you opt out of receiving marketing communications from us can be found in our Privacy Notice, which can be accessed on the following link. Website users should refer to the section of the Privacy Notice headed accordingly.
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You may print or download extracts from the Clarkslegal web site for personal use only. No part of the site may be downloaded, copied or distributed for commercial purposes.
Prior permission must be obtained from a Clarkslegal partner for linking to this web site. Any use of material from this web site must be acknowledged.
Due to the changing nature of the law, no warranty can be given as to the currency of the general information on this site or its applicability to individual circumstances. The contents of this web site are therefore not a substitute for individual legal advice. In the event of any dispute, the appropriate law and legal forum is England & Wales.
Client registration and identification
In common with other commercial law firms, we must comply with the Money Laundering Regulations 2017. This is part of the government`s drive against money laundering and terrorism.
The Regulations require us to obtain satisfactory evidence of identity in respect of substantially all new clients and those in respect of whom there has been a break in the relationship. We will be unable to start work for you until this evidence is obtained. Set out below is the list of acceptable identification documents. Please contact your solicitor at Clarkslegal if you have any queries about these requirements.
The following is a list of examples of suitable documentary evidence of name for UK resident private individuals:
The following is a list of examples of suitable documentary evidence of address for UK resident private individuals:
If during our retainer we are asked to act for an additional client, we may not undertake work for that additional client until satisfactory evidence of identity is obtained. If we are unable to obtain that evidence, or to do so in a timescale acceptable to our existing clients, a conflict of interest may arise. This could result in a delay, or in our having to cease acting for all clients in the transaction.
Confidentiality and disclosure
We are under a duty to you to keep all information relating to your affairs completely confidential unless authorised by you to disclose information to someone else.
However, we may sometimes have other duties and obligations that can override this duty of confidentiality. Under the Proceeds of Crime Act 2002 we may not act for a client in a transaction that we know or suspect involves the proceeds of any crime unless we first disclose the details to the National Crime Agency or other law enforcement agencies. This may occur when we are first instructed or during the course of our retainer. A disclosure may result in a delay of up to 40 days before we can start or continue work.
We must also make such a disclosure where there are reasonable grounds to suspect that any person (not just our client) is or has been involved in any dealings relating to the proceeds of any crime. However, we do not have to do so if the information is legally privileged. Information may be privileged if it comes to us in connection with obtaining or giving legal advice or in connection with legal proceedings, but other circumstances may remove this privilege. Please check with your Clarkslegal partner at an early stage if you are in doubt about how this could affect you.
Disclosures that we make under this legislation may be made without reference to you as the client. We may be unable to discuss the circumstances or content of the disclosure with you, or to confirm that such a disclosure has been made.
Similar obligations arise under the Terrorism Act 2000 where the knowledge or suspicion relates to the use of money or other property for the purposes of or deriving from terrorism.
The making of such a disclosure or the delay arising from a disclosure could be harmful to the interests of our client or others with whom he or she is dealing. Please bear these issues in mind when giving us instructions.
Suspicion regarding money laundering or terrorist offences can be aroused in relation to money paid into the firm`s client account. When giving us instructions please tell us the source of any funds to be paid to us and tell us if the intended source is to be changed.
In certain circumstances we may become obliged to apply to the court for directions regarding the true ownership of monies paid into the firm`s client account, or a third party may assert rights over such funds. This may be the case where there are grounds for suspicion of money laundering or a terrorist offence. Pending the outcome of such application or dispute we may not be able to release those monies.
Clarkslegal’s terms of business
Clarkslegal recognises that these requirements may impact adversely on our clients and others dealing with us, but cannot accept any liability for any breach of confidentiality, loss or delay that may result. Please refer to our terms of business for full details. A copy of these can be made available on request.