Magister Operis · Financial Knowledgebase

The Banks’ Standard

To whom it may concern,

I am not trying to offend anyone, and I have no wish to come across as arrogant. When I press on a document, I am describing how a receiving bank’s compliance department will read it. None of it is my invention, or my institutional partner’s. It is how banks think, and the banks publish it.

My role is pre-compliance: gather a competent file, make the introduction, and get out of the way. I do not claim expertise in the technical details. Server connections, legal opinions and credit decisions belong to the parties, their counsel and the banks.

My aim is to help all of us configure success by design.

— William Kemper · Magister Operis

Everyone at the table wants the same thing

PartyWantsGets it when
Sender Funds delivered and confirmed The receiving bank accepts them
Receiver Funds received, credited and free to spend Its own bank clears them
Principal: buyer, seller or borrower The transaction executed The funding or settling bank approves it
Intermediaries Fees paid The transaction closes

Every answer in the “Gets it when” column is a bank decision. So every party reaches what it wants by the same route: giving the banks what they need to say yes.

Clean, clear and free to spend

ConditionWhat the bank asksSettled by
Clean: lawful origin What commercial event produced this money? Contracts, accounts and tax filings (see History of Funds on Bank Compliance)
Clear: nothing restricting it Is anything stopping this money from moving: sanctions, a freeze, a lien, a dispute? Screening results; where a restriction exists, a licence or release from the authority that imposed it
Free to spend: planned disbursement Where will it go, in what amounts, and does that fit the account? A use-of-funds schedule, with draws agreed with the receiving bank and, where required, the central bank

Lawful origin is not the same as clear. A legal trade caught by sanctions produces funds that cannot be spent until the restriction is licensed or lifted. Saying the funds are “clean, clear and of non-criminal origin” settles none of the three; documents do.

A challenge, not a headache

  • Challenging details are welcome: an unusual origin, a complex structure, a long history. Each can be documented and explained.
  • What stops a file is legal exposure left unaddressed: sanctions, unclear title, missing authority, an undisclosed party. No institution in the chain accepts a legal headache, and exposure that is ignored tends to follow everyone who handled the file.

Privacy, with accountability

  • Privacy is respected. A party may stay off the radar, provided something credible stands in for it: a law firm, an accounting firm or another professional of standing that is accountable for that party’s authenticity.
  • What cannot stand in for it is omission. A blank where a name, a relationship or a contact should be reads as a gap, and a gap stops the file.
  • Outline and diagram every relationship: who represents whom, who is paid by whom, and who answers for what.
  • Signatories who commit billions for institutions operating worldwide give their attention to files whose credibility is obvious on first reading. That first impression is built, not hoped for.

See the whole flowchart

  1. 1Origin
  2. 2Ownership and control
  3. 3Clear
  4. 4Transfer
  5. 5Credit
  6. 6Disbursement
  7. 7Close
StageThe questionWho answers it
1 · Origin Where did the money or asset come from? Documents from parties independent of the owner
2 · Ownership and control Who owns it, and who controls it? The receiving bank’s KYC review
3 · Clear Is anything restricting it? Sanctions and legal screening
4 · Transfer How does it reach the bank? Technical delivery: server connections, bank messages, credential handshakes
5 · Credit Will the bank accept and credit it? The receiving bank’s compliance department
6 · Disbursement Can it be spent as planned? The bank and, where required, the central bank
7 · Close Is every party paid? Follows from stages 1 to 6

Stage 4 is one box of seven. A file built for all seven closes fastest.

Start with one competent letter

  • Final terms are whatever the transaction banks agree to.
  • In more complex sending structures, the receiving side is configured first, so the use of funds is directed, accountably, to specified projects or investments.
  • The fastest start is one intelligent request letter on professional letterhead, setting out the transaction, the exact relationships and the intended use of funds. It need not come from the principal or an attorney. A competent intermediary who knows the file can write it.
  • Magister Operis writes these letters too. Nothing on this page asks of you what Magister Operis would not do in your position.

Whose standard it is

WhoRole
FATF and national regulators Set the international and national anti-money-laundering rules
Bank compliance departments Apply those rules to every file, and answer for each one
The Wolfsberg Group Twelve global banks publishing shared financial-crime compliance guidance: Banco Santander, Bank of America, Barclays, Citi, Deutsche Bank, Goldman Sachs, HSBC, JP Morgan Chase, MUFG, Société Générale, Standard Chartered, UBS. It does not bind every bank on the planet; it is a fair benchmark of KYC and AML practice worldwide today.
Magister Operis Gathers a competent pre-compliance file, makes the introduction, and steps aside. Neither Magister Operis nor its institutional partner writes the standard, and neither can waive it.

Read it at the source

The guidance is public and free at wolfsberg-group.org. Good starting points:

Where Magister Operis asks for more than a bank would, say so and it will be reconsidered.

What to expect from Magister Operis

  • Direct questions, asked once, with the reason attached.
  • The same questions a bank will ask, asked earlier, while the answers can still be put right at your own pace.
  • No judgment about where a file starts. Most arrive incomplete, and that is normal.
  • Help closing the gap from whoever is fastest: you, your counsel, another professional, or Magister Operis.

A question asked here costs a reply. The same question left unanswered at the bank costs the transaction.