FEBRUARY // 2019
Newsletter Harcourts Team Group
Anti-Money Laundering
What is it?
Customer Due Diligence Requirements From 1st January 2019 Real Estate Companies What is money laundering? will need to comply with the Anti-Money Laundering Customer due diligence requires Real Estate Companies to complete certain checks before we can list your property or and Countering Financingdescribes of Terrorism Act 2009. Money laundering the process by whichbusiness criminals money obtained from from to make sell. We‘dirty’ will also require this information their criminal activities look legitimate, or ‘clean’. our clients who have commercial property they wish to
What is AML? Actarequires us tosource, also takeand reasonable steps to Theyinaim make this dirty look like it haslease. comeThe from legitimate therefore A law passed NewtoZealand called The money Anti-Money make sure the information we receive from you is correct, difficult to connect with itsofcriminal past. Once that is achieved, criminals can introduce their dirty Laundering and Countering Financing Terrorism Act 2009, we will therefore need to ask you for documents to verify money financial system undetected. or “AML/CFT Act”into as it the is more commonly known. The law this information. reflects New Zealand’s commitment in a worldwide initiative From there, the money can be transferred between bank accounts or financial products in New to combat global crime and reduce the impact criminal starters, we will need: Zealand or used to purchase goods andFor services, including real estate assets. (1) activity has withinor theabroad, global community. • your full name; and • your date of birth; and How am I affected by the new legislation? • your address. What is an AML/CFT programme? The legislation requires Real Estate Companies and other An Anti-Money Laundering/Counter Finance Terrorism (AML/CFT) programme sets out a reporting entity’s internal professionals to policies, assess the risk they may face to from themoney laundering and financing of terrorism and to manage and mitigate procedures and controls detect To confirm these details, documents such as your passport/ actions of moneythe launderers and people who finance risk of it occurring. The programme must be in writing and be licence based onoritsyour risk assessment. driver’s birth certificate, and documents that terrorism and must identify potentially suspicious activity. show your address such as a current bank statement will be Certain elements of a programme are specifically required by the Act, including: required. • vetting Real seniorEstate managers and AML staff To make that assessment, Companies must training senior managers and AML obtain and verify• information from our clients. Thisstaff is part of Under the new rules, if your property or business is held in • law customer due diligence, enhanced what the AML/CFT calls “customer dueincluding diligence” and isCustomer Due Diligence (CDD) and simplified CDD the name of a company, a trust, or has overseas ownership • reporting suspicious transactions a similar obligation to that imposed on banks and lawyers • monitoring and record keeping we’ll need specific information about the entity including who have been subject to this regime for some time now. • monitoring and managing compliance with the AML/CFT programme. the people associated with it, (directors and shareholders, trustees and beneficiaries) and source of funds. Risk-based systems and controls should be based on the nature, size and complexity of a reporting entity’s business, along with any money laundering and financing of terrorism risks it may face. (1) Why should we make these changes in our business? Like any law, businesses and individuals are required to follow the legislation imposed by the government. In addition, complying with the AML/CFT regime will make it harder for criminals to launder money and provides a significant disincentive to commit crime making New Zealand and the wider society a safer place. There is a societal benefit in complying with this law and is linked to our values of doing the right thing and people first. (3) What’s the easiest way for my sales business to ensure we are compliant? It is imperative to attend salespersons training on the matter and work with your compliance officers if you need help understanding on AML/CFT. This FAQ is not a how to comply and will not remove the need for training. (3) Harcourts is the fastest growing and largest real estate group in New Zealand, with more than 790 offices accross ten countries along with more than 5,300 sales consultants and a growing property management team. Please visit www.teamharcourts.co.nz for more information.