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New Government regulations mean that notaries must insist on even
stricter proof of identity.
Why?
The UK is a major international financial and legal centre, with a
high reputation for honesty and integrity.
Unfortunately that is why financial and professional businesses, like
banks and law firms, are attractive to money launderers - criminals
who sometimes try and hide stolen money by turning it into legitimate
income.
The government has introduced
measures:
- To make it more difficult for
criminals to make and keep money from their crimes.
- To confiscate proceeds of crime.
- To require notaries and other
lawyers to report suspicious transactions to a policy authority
known as NCIS (the National Criminal Intelligence Service).
For this reason there are compulsory
checks which notaries have to make of their clients which in many
cases go beyond the identification standards which notaries have traditionally
applied.
Being asked for additional identification does not mean you are under
suspicion. The new identification requirements apply to all clients
when they are asking notaries to authenticate documents or undertake
certain other types of work.
How this affects you:
Notaries have always required proof of a client's identity. In the
case of private clients, notaries will now also require proof of address.
This means you will have to show the notary some personal documentation
that can include:-
- Current signed passport
- Photo-card driving licence
- Birth Certificate
- And for proof of address, a
recent gas, electricity or other household bill
If you don't have these documents,
you will have to ask the notary to advise you on how best to prove
who you are.
For business clients, notaries will (in addition to checking your
personal identity) now need to establish that the company or organisation
which you represent actually exists and in many cases that you are
authorised to represent that company or organisation. In the case
of companies or organisations based in the United Kingdom, the notary
will generally conduct his own checks to satisfy himself that the
company or organisation exists. In some cases (particularly for companies
or organisations established overseas) he may ask you to produce certain
documents. These might include a certificate of incorporation, good
standing certificate and other similar evidence. If he has to certify
your authority to represent a company or organisation, additional
documentation will be requested, for example:-
- Constitutional documents (e.g.
memorandum and articles of association)
- Power of Attorney
- Chamber of Commerce certificate
- Board Resolutions
- Authorised signatory book (in
the case of banks)
Your notary will be happy to advise
exactly what will be required in any particular case.
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