When selling products subject1 to anti-money laundering (AML) and anti-tax evasion (ATE) requirements, the product account opening form as well as the Identity verification supplementary form (08295) must be properly completed. It is also essential to provide the required documentation. Audits have identified some gaps regarding mandatory information on forms: - The purpose and intended nature of the investment
- The occupation must always be indicated in a precise manner (e.g. building engineer, grocery manager, etc.)
- Getting two valid pieces of ID2 and their reference number is the key to a successful identity check!
Let us take this opportunity to remind you of some requirements: 1. Obtaining a document confirming the signing authority of the company When opening a business account, you must obtain an official document confirming that the signing authorities have the authority to act. This official document usually takes the form of a resolution from the company’s board of directors, but it may also be a power of attorney document or a mandate. This resolution establishes that the board of directors has granted the signatories the power to make contractual commitments on behalf of the company. This is a regulatory prerequisite for record keeping related to anti-money laundering. However, we noticed some shortcomings in this matter; it is essential to obtain this document. 2. Identification of beneficial owners in AML A beneficial owner can either be a legal entity or an individual, who holds 25% or more of the ownership or control of the entity. However, the ultimate beneficial owner cannot be another entity or another legal person. They must be individuals who own or control the entity. It is necessary to waive anonymity and to formally identify beneficial owners. This makes it possible to determine who is actually responsible for the transactions and activities in the account. This is a key component of Canada’s anti-money laundering and anti-terrorist financing regime. Concealing the identity of beneficial owners (accounts, businesses and transactions) is a technique frequently used in this type of scheme. 3. Entity classification and declaration of tax residence When opening an account for any AML- or ATE regulated products, the company must indicate its tax residence in the appropriate section of the account opening form or any related forms. Moreover, depending on the nature of its activities, the entity must also determine its classification (active entity, passive entity, financial institution, etc.). For example, a company may need to certify or clarify the nature of its activities, provide information regarding the people who control it and indicate where is was incorporated. Financial institutions need this information to meet their CRA tax reporting requirements. If you have any questions on this matter, please contact your compliance advisor. 1 Examples include a cash surrender value life insurance policy, non-registered segregated funds and annuities as well as guaranteed investment funds. Registered products are excluded from anti-money laundering and anti-tax-evasion regulations. 2 In these times of physical distancing, a remote verification of identity requires complete information on 2 pieces of identification. |