The
Money Laundering Regulations 2003 came into force on 1 March 2004. Estate agents must comply with
the Regulations. The legislation imposes
obligations on both organisations as well
as individuals.
The Money Laundering regulations require
that Empire Estates see proof that the
client is who he or she claims to be and
must take reasonable steps to find out who
our clients are by requesting sufficient
evidence of their identity. We will
therefore ask you for two verification
documents, one to identify the name of the
client, preferably a document, which has a
photograph of them such as a passport and
a further document to confirm their
residential address, such as a recent
utility bill.
We are legally obliged to establish to our
satisfaction that we are dealing with a
real person or organisation. If we do not
receive satisfactory evidence of identity,
we must stop the transaction.
Schedule
of Acceptable Documentation
In general:
• original documents must be inspected
and either copies or details of the
document are taken for your records.
Certified copies are acceptable and must
be dated and signed “original seen” by
the certifier.
• you must ask to see at least 2 forms
of identification.
• verification of client identity is
risk based. The extent of the
identification evidence required will
depend on the nature of the work you are
asked to undertake and the assessed risk.
UK individuals
You must verify the name and
residential address of the individual
where he or she can be located. You must
ask to see one document from each of the
columns below (please note that for the
purposes of verifying an individual’s
address PO Box numbers and addresses
listed c/o (care of) are not permitted)
Identity
documents Evidence of address
- Current signed passport
- A utility bill issued within the last
three months (but not mobile phone bills
as these can be sent to different
addresses)
- Current UK photo card driving license
- Local authority tax bill (valid for the
current year)
- Current full UK driving license (old
version) – but old style provisional
driving license should not be accepted
- Bank, building society or credit union
statement containing a current address
- Residential permit issued by the Home
Office to EU Nationals on sight of their
own country passport
- The most recent original mortgage
statement from a recognised lender
- Benefit book or original notification
letter from the Benefits Agency confirming
the right to benefits
- Current UK driving license (old full
license or new photo card license) if not
used for evidence of name
- Self-employed in the construction
industry – tax exemption certificate
with photograph of holder (forms C155,
C156 or SC60)
- Confirmation from the electoral roll
that a person of that name lives at that
address
- Inland Revenue tax notification - Record
of home visit
- Firearms certificate
UK
Trusts
Extra care must be taken in the
verification of trusts as they are popular
vehicles for criminals wishing to avoid
the identification procedures and hide the
true origin of the money they wish to
launder. The following documents are
required (as many as possible):
- Constitutional documents establishing
the trust
- Details of all the trustees and
beneficiaries and a copy of the deed
evidencing the appointment of the current
trustees
- Verification of the identity of those
who have control over the funds i.e. the
principal trustees and the providers of
the funds i.e. the settler (except where
deceased) and the principal beneficiaries
- Where the settler is deceased, written
confirmation for the source of the funds
should be obtained, for example, grant of
probate or copy of the will creating the
trust.
UK
Corporates and partnerships
Only normal commercial checks and due
diligence and required where the company
is FSA authorised or where it is listed on
the London Stock Exchange or another
recognised UK investment exchange or is a
subsidiary of such a listed plc. No
further evidence is required.
In other cases, the following documents
are required. As a minimum, a certificate
of incorporation, evidence of authority of
any individual and the verification of the
identity of the individual should be
obtained.
- Original or certified copy of the
certificate of incorporation or a search
at Companies House
- The latest report and accounts (which,
if possible, should be audited)
- Evidence that any individual
representing the company has the authority
to do so (for example a resolution of the
Board of Directors)
- Where the directors of the company are
not known to the firm, the identity of at
least two executive directors, or the
company secretary and an executive
director, or the majority shareholders
should be verified as for an individual
client
- Where it is not possible to obtain the
above, a credit reference agency search
should be made or a banker’s reference
taken
Occupational
Pension Scheme
- Obtain the identity of the Principal
Employer and the Trust
- Verify the identity of the Principal
Employer in accordance with the general
rules relating to corporates
- Review the formal documents concerning
the Trust to confirm the names of the
current trustees and their address for
correspondence
Registered
charities in England and Wales
- Obtain the charity’s registered number
- Request the name and address of the
Charity Commission’s correspondent for
the charity from the Charity Commission
- Verify the identity of at least two
signatories for the charity on an ongoing
basis Local Authority
- Resolution of the Council authorising
the opening of the account or the
undertaking of the relevant investment
- Seek and retain evidence of the official
authority to act
Non-UK
individuals
You must verify the name and residential
address of the individual where he or she
can be located. You must ask for one
document from each of the columns below:
Evidence of identity Evidence of address
- Current full valid passport - A utility
bill issued within the last three months
- National identity card - Bank or
building society statement
- Driving license - Obtain a reference
from a bank, legal or other professional
who has advised the individual for the
last two years
Non-UK
corporates
- Original or certified copy of the
certificate of incorporation from the
relevant companies registry
- Evidence that any individual
representing the company has the authority
to do so
- Where the directors of the company are
not known to the firm, the identity of at
least two executive directors, or the
company secretary and an executive
director, or the majority shareholders
should be verified as for an individual
client
- Obtain a reference from a bank, legal or
other professional who has advised the
corporate for at least two years
Non-EU
Credit and Financial Institutions
- Confirm the existence and regulatory
status of the institution with the home
country central bank or financial service
regulator
- Check with a subsidiary or overseas
office of the verifying firm or a
correspondent bank in the same country
- Check with an EU regulated correspondent
bank of the overseas institution
- Obtain evidence from the institution of
its license or authorisation to carry on
financial and/or banking business
- Unregulated credit and financial
institutions should be verified in
accordance with the procedures for other
non-financial companies
- Obtain a reference from a bank, legal or
other professional who has advised the
institution for at least two years
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