Anti-Money Laundering, Risk Management & Regulatory Compliance
The increasing sophistication of financial transactions, corporate structures and investment models requires an increasingly strategic approach to Anti-Money Laundering (“AML”) risk. In Mexico, the strengthening of the regulatory framework and supervisory powers of the authorities requires companies to adopt preventive measures proportionate to their operations and level of exposure. Effective AML compliance goes beyond regulatory requirements: it protects operations, transactions, reputation and business continuity.
At SMPS Legal, we advise companies, investors, non-financial entities, real estate developers and construction companies; real estate lessors; vehicle distributors and dealers; gaming and sweepstakes businesses; issuers and distributors of payment methods and stored-value instruments; non-financial lenders; dealers in jewelry, watches, precious metals and stones, and works of art; armored-services providers; cash and valuables transportation and custody businesses; foreign trade companies; professional service providers; virtual asset businesses; as well as nonprofit organizations, family offices and corporate groups, on the identification, prevention and comprehensive management of Anti-Money Laundering (“AML”) risks. Our solutions are tailored to the obligations and risks inherent in each activity, taking into account the operational reality, risk profile and objectives of each organization and sector.
At SMPS Legal, we approach compliance with a business-driven perspective. We understand how each organization operates, identify where its exposure lies and assess the effectiveness of its controls in addressing those risks. With this perspective, we design and implement policies, procedures and control mechanisms that help anticipate potential contingencies, strengthen operations and support strategic decision-making.
Our multidisciplinary capabilities enable us to integrate an AML perspective into acquisitions, investments, financings, real estate transactions and corporate and wealth structures, as well as into relationships with clients, counterparties and third parties. Through a risk-based approach and in accordance with applicable law, we assess the specific characteristics, obligations and exposure associated with each vulnerable activity, taking into account the relevant industry and each client’s operational reality.
We identify risks relating to beneficial ownership, source of funds, clients and users, transactions subject to identification or reporting requirements, and transactional structures, and translate our findings into integrated, actionable recommendations that support informed decision-making. We also develop the measures, controls and procedures required to implement and maintain effective compliance with applicable AML regulations.
We also advise clients when a contingency, control deficiency or potential breach is identified, conducting internal investigations, audits and compliance reviews, designing and implementing remediation and regularization strategies, and assisting with regulatory inquiries and proceedings. Our multidisciplinary approach enables us to address, in an integrated manner, the regulatory, corporate, tax and contentious implications that may arise from the same matter.
Beyond Compliance: Managing Risk
Our practice combines regulatory knowledge, transactional insight, corporate experience and a deep understanding of our clients’ businesses, together with continuous monitoring of the evolving AML regulatory landscape. This approach enables us to support clients throughout the entire risk management cycle, with preventive, practical advice tailored to the realities of each transaction, including:
- Comprehensive AML compliance diagnostics and risk assessments, evaluating both the effectiveness of existing frameworks and the organization’s exposure to AML-related risks.
- Identification of compliance gaps and potential breaches, together with an assessment of the resulting fines, financial exposure and other potential contingencies.
- Strategic legal opinions on AML compliance, addressing applicable regulatory obligations and defining the actions required to achieve or restore compliance.
- Design, development, review, enhancement, implementation and ongoing update of AML policies, manuals, controls and procedures, tailored to each client’s risk profile and operational reality.
- Identification and assessment of vulnerable activities and applicable AML obligations, including customer identification and reporting thresholds, cash-use restrictions and other regulatory requirements.
- Review and enhancement of risk-based methodologies, including criteria for the assessment, classification and ongoing monitoring of clients and users.
- Know Your Customer (KYC) processes for clients and counterparties, including the preparation and review of forms, files, and identification and updating procedures.
- Identification and analysis of beneficial owners, including determining whether they are politically exposed persons (PEPs), appear on official lists or present other applicable risk factors.
- Review of automated compliance mechanisms and validation of their alignment with applicable regulatory requirements.
- Assessment of periodic monitoring of clients and users based on their classification and risk level.
- AML advice in connection with acquisitions, investments, financings and real estate transactions.
- Audits, internal reviews and assessments of the effectiveness of compliance controls, procedures and mechanisms.
- Design of remediation, regularization and follow-up plans for identified compliance breaches.
- Assistance with regulatory inspections, information requests and proceedings before the relevant authorities.
- AML training for boards of directors, senior management and compliance teams, as well as personnel involved in carrying out vulnerable activities.
At SMPS Legal, we act before risks become contingencies: we identify and mitigate them, strengthen controls and support critical decision-making, enabling our clients to structure transactions, invest and protect the value and continuity of their businesses with legal certainty and a robust, sustainable compliance framework.
Partners
