LEGA Consult

LEGA Consult A legal mart, offering legal and compliance advisory for start-ups seeking to establish in Cameroon.

Thank you🥂Welcome to 2023🎁
01/01/2023

Thank you🥂
Welcome to 2023🎁

S E A S O N' S  G R E E T I N G S !!
23/12/2022

S E A S O N' S G R E E T I N G S !!

11/11/2022

𝐀𝐌𝐋 𝐑𝐞𝐝-𝐅𝐥𝐚𝐠𝐬

What are some activities or situations to watch for? Remember, money laundering is about trying to legitimize illegal funds, so there are patterns that indicate that money might not come from legal means. You are looking for unusual activities, such as:

Large cash transactions
Large amount of transactions, which could indicate layering of transactions (splitting up of deposits to fall below reporting thresholds)

Spikes in activity or amounts
Transactions connected with cash-heavy businesses, such as gambling
Transactions connected with jurisdictions that have a history of money laundering

Transactions connected with individuals or businesses that are potential money launderers

These activities are noticeable in the initial due diligence process or through ongoing monitoring procedures. During onboarding, a baseline for normal activities should become apparent. Whether it’s classifying by account type, source of funds, expected transactions or some other criteria, set up a process to determine when something needs looking at and how. Whether it’s an internal examination, or an external report to regulators, it’s not enough to note a red flag.

For example, just filing a report to file a report, is not really solving the problem. As compliance lawyer Michael Volkov states, “The government has been complaining that financial institutions are now submitting too many SARs (Suspicious Activity Reports), and that the SARs often fail to contain adequate information to warrant the filing of the notice.” Clear processes to handle events are crucial to successful AML compliance.

𝗕𝗘𝗦𝗧 𝗣𝗥𝗔𝗖𝗧𝗜𝗖𝗘𝗦 𝗙𝗢𝗥 𝗔𝗡𝗧𝗜-𝗠𝗢𝗡𝗘𝗬 𝗟𝗔𝗨𝗡𝗗𝗘𝗥𝗜𝗡𝗚 𝗖𝗢𝗠𝗣𝗟𝗜𝗔𝗡𝗖𝗘1. Written PoliciesAML compliance is a set of rules and regulations, ...
11/11/2022

𝗕𝗘𝗦𝗧 𝗣𝗥𝗔𝗖𝗧𝗜𝗖𝗘𝗦 𝗙𝗢𝗥 𝗔𝗡𝗧𝗜-𝗠𝗢𝗡𝗘𝗬 𝗟𝗔𝗨𝗡𝗗𝗘𝗥𝗜𝗡𝗚 𝗖𝗢𝗠𝗣𝗟𝗜𝗔𝗡𝗖𝗘

1. Written Policies
AML compliance is a set of rules and regulations, you won’t benefit yourself by following it loosely. Make organizational policies based on AML regulations, state them clearly and have them written out for all the staff. What are your customer identification policies, what kind of records are you maintaining & what regulations are you following? Building and following strong written policies is the best way to secure your organization from financial crime.

2. Compliance Officer
Almost all banks and financial institutions have a compliance officer who is responsible for the whole KYC & AML programs. It is a standard industry practice to assign one individual to ensure that all the processes are followed and all the information is updated regularly.

It is better to choose a senior member of the organization to take on the mantle of compliance officer. The person should have a heavy influence on the staff and company matters. A compliance officer needs to have the authority to make others follow them.

3. Adequate Training
All the employees that deal with customers, transactions, or any other financial matters need to be aware of the company policies and procedures. If they don’t know all the legal requirements, the sophisticated techniques used by money launderers, and how to spot red flags, it can cause a lot of problems for your organization. Proper training is necessary for AML compliance.

4. Regular Reviews
It is quite easy for businesses to become compliant with AML regulations. Unfortunately, some banks, financial institutions, and organizations tend to forget about compliance after becoming compliant. Regular reviews are important to keep your organization secure.

5. AML Red Flags
Money laundering is all about trying to turn illegal funds into legal funds, there are some patterns and techniques that are commonly used by money launderers. Keeping an eye out for basic red flags can help you improve your chances against fraud.

6. AML Screening
One of the best ways to reduce risk is by detecting and preventing problematic accounts before they become a financial risk. Doing a thorough identity and online document verification can help in mitigating fraud. If a fraudster manages to get past your initial checks, they gain access to the system and start testing how good your fraud prevention methods are.

To make the fraud prevention system faster, secure, and overall more efficient, businesses need to set up a strong AML screening program. This can happen by accessing and gathering data from government sources, international regulators, and law enforcement agencies.

7. Risk Management
AML regulations and technologies are ever-changing and keeping up with the modern risk trends is a tough ordeal. To reduce the risks, you can create policies and procedures that can be changed and can be adapted to any situation.

Cameroon : National Digital Payment Switch InfrastructureRecently, on the 5th of July, 2022, Cameroon's Minister of Post...
07/07/2022

Cameroon : National Digital Payment Switch Infrastructure

Recently, on the 5th of July, 2022, Cameroon's Minister of Post and Telecommunications launched the National Digital Payment Switch Infrastructure (NPSI).

The Minister of Post and Telecommunications, in a communiqué of the 4th of July, 2022, explains that the NPSI is a unified infrastucture set up by the government as a platform to interconnect all digital financial services providers in a common payment ecosystem.

This new project is one which addresses risks to the digital finance ecosystem.

What therefore are the advantages of the establishment of the NPSI ? :

1. Performance of operations through a unified infrastucture or single gateway,

2. Ensures monitoring and traceability of electronic payment flows,

3. Contributes to data protection of operations via the digital platform,

4. Facilitate the fight against money laundering and terrorism financing (ML/TF),

5. Promotion of the digital economy.

04/07/2022

The new Law on banking secrecy in Cameroon regulates the developments in the banking and finance sector. The government of the Republic of Cameroon is currently increasing efforts to ensure the confidentiality of transactions and monitoring against money laundering and terrorism financing. This development is evidence of such efforts against ML/TF.

The article below explains further;



COMPLIANCE & RISK MANAGEMENT:............................................................................Is it not bette...
24/05/2022

COMPLIANCE & RISK MANAGEMENT:............................................................................

Is it not better to study your employees actions in the way how they make mistakes (ethical errors, cybersecurity errors, compliance errors), then applying Controls to mitigate. Or simply focus on awareness and Training with the hope that they will do the right thing? Let's face it, we are dealing with humans not programmed robots.

Wondering how to help your team combat financial crime in your business, these 3 steps are important;

1- Train your staff correctly and thoroughly : Ensure they feel engaged. It is important that your team understands the risks they face while also being engaged in the process.

2- Have up-to-date policies in place : There isn't a one-size-fits all policy. the most reliable policy are those that flow on from a proper risk assessment and are unique to your business.

3- Monitor changes in law & compliance often : Once your policies are in place, ensure to keep constantly under review. Things are constantly changing, not only the laws but also businesses. Be ready and equipped to adapt and adjust where you see fit.



Contact us for:
Preparing regulatory frameworks for your start-up
Speaking at seminars (on compliance)
Drafting contracts
Recommending legal experts (within our network, close to you in Cameroon).

This is a personal blog, for legal, Compliance and risks articles/publications.   Also a virtual presence, offering tips...
21/05/2022

This is a personal blog, for legal, Compliance and risks articles/publications. Also a virtual presence, offering tips to Start-ups and SMEs in Cameroon.

What we offer;

1) Preparation of regulatory frameworks for clients
2) Offer a repertoire for finding specific sector - related laws & decrees
3) Prepare legal opinions
4) Compliance trainings
5) Speaking at seminars on related topics

We do not offer legal advice. However, we can refer to licences attorneys (lawyers) who are part of our network.

Dear All,Happy Easter
17/04/2022

Dear All,
Happy Easter

01/04/2022

5 tips - Start-ups needing lawyers

5. Remember to reserve valued consideration for the lawyer's valued services. Abraham Lincoln said; " A lawyer's time is his stock in trade". I say; "Show your lawyer some love".

01/04/2022

5 tips - Start-ups needing lawyers

4. Sometimes entrepreneurs mistake services. A lawyer gives you what you need, not what you want. This involves some persuasion on the lawyer's part. The order-taking mindset is not the right approach. Have a lawyer you can build trust and work with over time to achieve business success.

01/04/2022

5 tips - Start-ups needing lawyers

3. Lawyers are trained to devise the best legal remedies to legal problems. Their thought process formulates a proposed course of action driven by robust analytical skills. You need a lawyer who determines what needs to be done, not only from a legal perspective but ultimately what needs to be accomplished (for business prosperity).

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Douala
P.O.BOX3540

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