01
Suspicion
The firm observes
The elements are gathered and dated in the file: what was observed, when, and on which act within the scope.
FirmAn obliged entity act by act,
not for the whole firm.
A lawyer only falls within the scope of the act when performing specific acts on a client's behalf. AML Company starts by drawing that line, then applies diligence only on the right side of it.
Check a client company
Qualified perimeterPrivilege preservedVia the President of the BarAudit trail
Qualification of the matter
Client · holding company
- Incorporation of a subsidiaryIn scope
- Transfer of sharesIn scope
- Handling funds for the clientIn scope
- Tax adviceOut of scope
- Defence before the courtOut of scope
Diligence triggeredMedium
The reporting route
A suspicion never goes straight to the CTIF
For a lawyer, the report goes through the President of the Bar (art. 52). That detour is not a formality: it is what preserves legal professional privilege where it still applies.
02
Filter
The President of the Bar reviews
The President of the Bar checks that the act really falls within the scope of the act before any transmission. Information covered by privilege does not have to leave the firm.
Bar03
Transmitted
The CTIF receives
The transmission is the President of the Bar's, not yours. The firm, for its part, must be able to prove what it observed and on what date.
CTIFThe filter of article 5, §1, 28°
Five acts bring a matter
within the scope of the act.
Outside that list, anti-money-laundering diligence does not apply. AML Company qualifies the matter when it is opened, so the firm knows immediately which side it is on.
In scope
- 01Buying or selling real estate
- 02Buying or selling businesses
- 03Managing funds, securities or other assets
- 04Opening or managing accounts
- 05Incorporating, managing or directing companies and similar structures
Out of scope
- Assessing the client's legal position
- Defence or representation in court
- Advice on starting or ending proceedings
Information received in those situations stays covered by legal professional privilege and does not have to be reported.
Legal professional privilege is not an exception to the act. It is its perimeter.
A compliant firm is not one that reports more: it is one that can show where the line runs, matter by matter, and why.
Proportionate diligence
A matter within the scope
does not always call for the same diligence.
Once the line is drawn, the intensity is computed. AML Company assesses the client, the structure and the geography, and adapts the checks accordingly.
Routine matter
Low- Resident client known to the firm
- A single, documented transaction
- Simple ownership structure
Diligence
Simplified diligence
Matter to watch
Medium- Client is a recently incorporated legal entity
- Multi-layer structure
- Cross-border financial flows
Diligence
Standard diligence
Sensitive matter
High- Politically exposed client (PEP)
- High-risk jurisdiction
- Source of funds cannot be verified
Diligence
Enhanced due diligence (EDD)
Platform
Compliance,
without breaking privilege.
Every duty of an obliged lawyer has its module, designed for a law firm rather than for a bank's compliance department.
Qualification of the matter at opening
A few questions are enough to place a matter in or out of scope, and the answer is retained with its reasoning.
Art. 5, §1, 28°Decision on record
Client identification
When the client is a legal entity, its CBE record (legal form, registered office, directors, activity) feeds the file with no retyping.
CBEVAT · NACENo retyping
Ultimate beneficial owners
The ownership chain unfolds and is reconciled with the UBO register, interposed structures included.
UBO registerOwnership chain
Sanctions and PEPs
The client and its ultimate beneficial owners are screened against the sanctions lists and politically exposed statuses.
SanctionsPEP
A note ready for the President of the Bar
The elements, the dates and the documents are gathered in a single note, ready to be sent to the President of the Bar and retained by the firm.
President of the BarArt. 52Timestamping
Matters kept apart
Access rights follow the firm's organisation: every associate sees the matters that concern them, and nothing else.
RolesSegregated accessAccess log
What the law expects
Your duties,
when they apply.
As soon as a matter falls within the scope, the full diligence baseline applies. AML Company walks through it in guided steps and stops at the boundary of privilege.
Legal basis: art. 5, §1, 28° of the Act of 18 September 2017
Scope: Buying or selling real estate or businesses, managing funds or assets, opening or managing accounts, incorporating or directing companies and similar structures. Any report goes through the President of the Bar (art. 52).
General information based on the Belgian framework; it is not legal advice.
- Identification and verification of the client's identity (KYC)
- Identification of the ultimate beneficial owners (UBO register)
- Assessment of money-laundering and terrorist-financing risks
- Ongoing diligence and monitoring of transactions
- Reporting suspicions to the CTIF
- Retention of the documents and appointment of an AMLCO
Frequently asked questions
The Bar
and anti-money laundering.
Is a lawyer an obliged entity?
Partly. A lawyer is an obliged entity only when performing certain specific acts on a client's behalf: buying or selling real estate or businesses, managing funds or assets, opening or managing accounts, incorporating or directing companies and similar structures (art. 5, §1, 28° of the Act of 18 September 2017).
Does legal professional privilege disappear in those matters?
No. The act leaves out of scope the information received when assessing the client's legal position, as well as in the course of defending or representing them in court. That information does not have to be reported.
Who is a suspicious transaction report addressed to?
To the President of the Bar of the lawyer's own Bar, who passes it on to the CTIF where appropriate (art. 52). The report never leaves the firm directly.
Is a diligence file needed for every client?
Only for the matters that fall within the scope. That is why qualification at opening counts as much as the diligence itself: it also documents the matters where you had nothing to do.
Get started
Draw the line once.
Then hold it.
Qualify a first matter in minutes and see what the platform keeps, and what it deliberately leaves outside its scope. Setup and migration free for Belgian firms.