Client verification

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Client verification

The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.

In brief: Identification and verification are separate but related concepts. Verification involves obtaining valid, authentic and current documents and valid and current information from independent and reliable sources to confirm that your “client” (as broadly defined) is who they say they are. Verification is required when there is a financial transaction, with limited exceptions. A concomitant obligation to verification is to obtain information about the source of money for the financial transaction (as broadly defined).

Key Resources

Rules - Key definitions for client verification (including “client”, “financial transaction”, “money”, and “organization”): Law Society Rule 3-98.

Rules - Exemptions to verification requirements: Law Society Rules 3-99 and 3-101 and the definitions of “financial institution”, “public body” and “reporting issuer” in Rule 3-98.

Rules - When verification is required and methods: Law Society Rule 3-102.

Rules - Additional requirements for organizations: Law Society Rule 3-103.

Rules - Using an agent for verification: Law Society Rule 3-104.

Rules - Timing of verification for individuals, including an individual instructing you on an organization’s behalf: Law Society Rule 3-105.

Rules - Timing of verification for organizations: Law Society Rule 3-106.

Rules - Criminal activity, duty to withdraw: Law Society Rule 3-109.

Code - Dishonesty, fraud by client: BC Code rule 3.2-7.

Practice Resource - Guidance for virtual verification of your client’s identity using government-issued photo ID and technology. Note that on March 8, the Law Society Rules 3-102 and 3-104 were amended so that lawyers may virtually verify an individual client’s identity with reliable technology even if the individual is outside of Canada.

Practice Resource - Learn more about client verification requirements and methods to verify a client’s identity: Client ID & Verification - FAQs

Practice Resource - See New client verification and source of money requirements, Winter 2019 Benchers’ Bulletin (p.13) for an overview. (Note the changes to Law Society Rules 3-102 and 3-104 made on March 8, 2024 that affect limited parts of this resource.)

Practice Resource - See Knowing your client - Guidance and rules during COVID-19, Summer 2020 Benchers' Bulletin (pp. 18 -21) for an overview of the verification methods. (Note the changes to Law Society Rules 3-102 and 3-104 made on March 8, 2024 that affect parts of this resource.)

Practice Resource - Client Identification, Verification and Source of Money Checklist, current to September 1, 2023; includes Sample Agreement with Agent for Verification. (Note the changes to Law Society Rules 3-102 and 3-104 made on March 8, 2024 that affect parts of this checklist.)