DID YOU KNOW YOUR LAWYER HAS TO “KYC” YOU?

A KYC form (Know Your Customer form) is basically a “Get to Know You” form that companies use to make sure you are really you. It’s part of the rules they have to follow to prevent scams, fraud, and money laundering.

It typically requests basic information, such as your name, birthday, and address. You’ll also need to show some form of identification, like your IC, passport, or driver’s license, kind of like showing your ID before entering a club or taking an exam.

Once the company checks everything, they can confirm who you are and make sure it’s safe to do business together. Think of it as a quick safety check so everyone can deal with each other with peace of mind.

You might think KYC (Know Your Customer) is just for banks or companies…but surprisingly, no!

Law firms also have to follow KYC rules, especially the ones set by Bank Negara Malaysia (BNM) under AMLA (Anti-Money Laundering Act). Why? Because lawyers deal with money, property, company structures, and big transactions, perfect places for criminals to hide illegal money if nobody checks.

So yes, law firms must comply, and here’s what that means:

1. KYC = “Know Your Client”

Law firms need to properly know who they’re dealing with before taking on a client.
Like a background check…but friendlier.

This means they must collect:

  • Name
  • IC/Passport
  • Address
  • The reason they need the legal service
  • Source of funds (if money is involved)

Think of it as checking who’s at the door before letting them in.

2. Beneficial owner (BO) = “The real boss behind the business”

If a client is a company, the law firm must find out:

  • Who owns it?
  • Who controls it
  • Who benefits from it?

Even if the company has a complex shareholding structure, lawyers must trace all the way back to the real human being behind it.

3. High-Risk clients = Extra homework

Some clients require more checking:

  • Politically Exposed Persons (PEPs)
  • Clients from high-risk countries
  • Cash-heavy businesses
  • Complex corporate structures

For them, lawyers must ask more questions and double-check documents.

4. Ongoing monitoring = “Don’t stop paying attention”

KYC isn’t a one-time thing. Law firms must keep an eye on:

  • Sudden changes in a client’s behaviour
  • Unusual transactions
  • Odd instructions

If something feels off, lawyers must check further.

5. If things look suspicious → Lawyers must report

Law firms must file a Suspicious Transaction Report (STR) to Bank Negara if they notice:

  • Strange money movements
  • Transactions that don’t match the client’s profile
  • Attempts to hide the real owner
  • Signs of illegal activity

And no, they cannot tell the client they filed a report. (It’s a secret!)

6. What can possibly happen if a law firm doesn’t follow KYC rules once they become mandatory in the future?

Not fun at all:

  • Huge fines
  • Disciplinary action from the Bar
  • Loss of practising licence
  • Criminal liability in serious cases

So yes…KYC is serious business!

Conclusion

Law firms play an important role in keeping the financial system safe, which is why KYC measures, introduced under AMLA, are increasingly expected in legal practice. Even if full compliance is not yet uniformly mandatory for every firm, adopting KYC is a smart and responsible approach. It helps law firms manage clients more efficiently, reduces risks, and strengthens trust. Ultimately, KYC acts like a legal seatbelt: simple, preventive, and essential for everyone’s protection.

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