Since 2 February 2004, when performing certain activities for the benefit of their clients, lawyers have been subject to certain provisions of anti-money laundering legislation. The Act of 18 September 2017 on the Prevention of Money Laundering and Terrorist Financing and Limitation of the Use of Cash, on the one hand, and Section III.1.2 of the Code of Ethics for Lawyers, on the other, require lawyers to develop and apply effective policies, procedures and internal controls. Depending on the nature of the services the lawyer is required to provide to you, he may be required to strictly comply with anti-money laundering and anti-terrorist financing legislation and bar regulations. In such case, the lawyer is mainly bound by a duty of identification and vigilance towards his client. In this context, the lawyer is obliged to keep information on the identification, the characteristics of the client and the purpose and nature of the transaction for 10 years. To this end, the lawyer may carry out checks using external electronic databases.
This procedure requires the cooperation of the client and obliges clients working under the form of legal entity or other legal arrangement to inform their lawyer who is the beneficial owner behind this legal form. The client undertakes to inform the lawyer of any change that may affect his or her status. The client undertakes to provide the information requested by the lawyer upon first request. If the client refuses to provide that information, after it has been requested, the lawyer will not be able to enter into the business relationship and, if he has already acted provisionally, he will have to terminate his further intervention. In addition, in certain circumstances, the anti-money laundering legislation requires the lawyer to report possible suspicions of money laundering or terrorist financing in which the client is allegedly involved to the President of his/her bar association. The lawyer is not liable to the client for the consequences of any reporting made in good faith.