Real Estate Agents in Luxembourg - Client identification
Identifying and verifying the identity of the customer is part of the monitoring measures that the Agent must apply when entering into a business relationship with its customer. This is done on the basis of documents, data or information from reliable and independent sources.
Identification always takes place before the establishment of the business relationship and continues throughout its duration.
However, customer verification may take place during the establishment of a business relationship if it is necessary not to interrupt the normal exercise of activities and when there is a low risk of money laundering or terrorist financing. In such situations, the Agent shall take these identification measures as soon as possible after the initial contact and shall take steps to effectively manage the risk of money laundering and terrorist financing.
The procedure to be followed depends on whether the customer presents himself on site or enters into a business relationship remotely. The manual of procedures shall contain the list of mandatory documents to ask form and complementary measures to operate as part of the agent's risk assessment regarding the client.
When the customer is not physically present, but is represented by a proxy holder or agent, at the appointment with the Agent or at the signing of the power of attorney / contract with the Agent or at the signing of the preliminary sales agreement / lease agreement, the identification must also cover the proxy holder or agent.
There are exceptions to the identification obligation. For example, a request for information on the housing market or on the financial conditions or general contractual provisions in force from the Agent. These exceptions should be detailed in the manual of procedures as well.
The Agent shall in principle carry out its own due diligence obligations. However, the Agent may use third parties to identify its customers. Such third parties must comply with the conditions laid down in the Law and be able to provide the Agent immediately with the necessary information. This shall also be outlined in the manual of procedures.
We have set up a template procedures manual, which you are able to customize to your proper needs in 40 minutes time. It comes with instructions, and a 10 step-plan, indicating the places where your input is still needed to customize the manual.
Download this template HERE. We have English, French and German language versions available.
If you would like assistance to validate your manual of procedures you have issued, you may book an appointment with one of our experts.
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