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New Federal Rules Relevant to Property Buyers |
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Why? Money laundering and terrorism are
threats that should be taken seriously. With this in mind, governments across
the world have taken action to help prevent it. Because criminals involved in
this type of activity can use seemingly legal transactions to camouflage their
true purpose, governments have taken steps to filter out legal activity from illegal
activity. Canada's efforts have focused on
the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Among
other things, this law requires certain professions and businesses, which could
potentially be used as vehicles for money laundering or terrorism financing, to
keep records and submit reports to the federal government. These requirements
apply to REALTORS® because, often, in the course of regular real estate transactions,
they act as financial intermediaries, such as when they hold deposit funds for
a property transaction. New Identification
Requirements The Money Laundering and Terrorist
Financing Act was first enacted in 2002, but has been updated with new requirements,
coming into effect on June 23, 2008, which will require REALTORS® to ask their
clients for certain information. For example, under the new regulations, REALTORS®
are required to verify the identity of clients and keep client information records.
As a result, homebuyers may need to provide their REALTOR® with valid identification,
such as a driver's license. More Information Additional information is available
from the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)
at www.fintrac.gc.ca. Specific information, from FINTRAC,
regarding the new requirements for consumers to provide identification is available
here. |
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