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Timing of verification – individuals

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

In brief: You must verify an individual’s identity at the time that you provide legal services in respect of a financial transaction, not after the transaction (Law Society Rule 3-105(1)). This includes an individual instructing you on an organization’s behalf. Although there is a 30-day rule for verifying an organization’s identity, this leeway does not apply to the timing for verifying the instructing individual’s identity.

Key Resources

Rule - Timing of verification of individuals: Law Society Rule 3-105.

Additional Reading

Practice Resource - Anti-Money Laundering Webinar: See in particular 1:27:00.

Rules - Definitions of "client", “financial transaction", and “money”: Law Society Rule 3-98.

Rules - Exemptions to verification requirements: Law Society Rules 3-99 and 3-101.

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