Q: Do I have to complete any Records if the transaction was initiated
prior to the entry into effect of the new regulations on June 23rd?
A: FINTRAC advises that a seller's agent who took a listing pre-June 23rd would
have to ID their client ONLY if an offer in regards to that listing is accepted on or
after June 23rd. For the buyer's agent, the same would apply. A Receipt of Funds
record would be required only if the funds were provided on or after June 23rd.
Q: What should a brokerage do if a client absolutely refuses to provide
the information required to complete either the Identification Information
record or the Receipt of Funds form?
A: If the client refuses to provide required identification or personal
information, then the REALTOR® must not represent them. Proceeding with a
transaction without identifying your client means that the REALTOR is in violation
of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. If a
client refuses to supply their identification, the sales person involved should also
consider filing a suspicious transaction report.
Q: If a client refuses to disclose his personal information for the
Individual Information Record, can I simply get the client to stroke off that
part of the form and initial it?
A: No - you would be in contravention of the law. All relevant information
required by the Records must be provided.
Q: What should a brokerage do if an unrepresented party absolutely
refuses to provide the information required to complete either the
Identification Information Record or the Receipt of Funds form?
A: A brokerage is required to take all reasonable measures to acquire
required information for an unrepresented buyer or seller. However, if the
unrepresented individual refuses to provide this information, this must be noted
on the relevant Record and the agent must also decide whether to send a
suspicious transaction report to FINTRAC.
Q: What happens if my client refuses to fill out a Identification
Information Record or Receipt of Funds Record?
A:It is the broker or brokerage representative not the client who has the legal
obligation to complete and retain the relevant Record to be kept on file, based on
information from the client/customer. As noted previously, a REALTOR® must
not represent a client who refuses to provide the required information.