在新西兰
谁清楚这条规定的具体内容吗？如果填了资金来源，是要给相关部门呢还是仅留在律师处做备案呢？一般要怎么填呢？谢谢。
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7月1号咋的了？
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听说，律师公会已经通知各位律师（这个规定是在2年前通过）今年7月1日执行。但是，没有一个律师清楚，怎么执行？是购买人填表申明自己的资金来源合法，还是提供来源合法的证据，没有说法。
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好像是律师首先必须盘你的底，姓名住址。
如果可疑， 比如买房款来自多个不同渠道。。。。
律师可以要求你交代资金来源。
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They will send the information ( your id, names, address, date of birth, your china's id etc) to the Police ( a special unit handling money laundering).
Say, if you are a student, and you suddenly have $1 million to buy a property, that itself is a suspicious transaction and they will report with your details.
- Another example is you don't get a loan, you pay cash from your bank account, the amount of money does not match your job you are doing in NZ, they will report.
- If you set up a trust, set up a company, it looks like you are using it for some other means other than normal business transactions and it looks suspicious, they will report.
So most transactions will fall into reporting regime if there are some suspicions, and money that cannot be explained.
It is up to you to believe it or not, they will handle it that way as the Money laundering Act overriding the confidentiality and privacy. In their letter of engagement, they will mention it.
Some remittance Chinese companies being charged for money laundering recently ( if you read the news). These are the type of examples Internal Affairs are using to tell the public they are taking this matter seriously. It is up to the conveyancing firms, accountants to comply from 1/7/2018, if they are audited one day and non-compliance...... same consequences will apply to them.
The penalty is Criminal as well as Civil liabilities.
P.S: Reporting you to police does not mean you have done something wrong ( or is a criminal), it is just a requirement to report the transactions under the law. There is some data mining in the government departments who will analyse your data.If you are lucky enough, you might be invited for coffee one day........... haha.
< Remember the purpose of Anti Money laundering Act is preventing illegal Money ranging from unpaid taxes, criminal activities ( eg drug), theft etc that is trying to launder through the system>
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我还真没见过一个闲到要查你资金来源的房地产律师………
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这些政策越来越傻逼了。
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应该跟投资移民证明资金来源一样吧
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那么严格的话，房子就真的很难买了~
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关键是律师怎么确认呢。。。。
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估计是需要提供国内资金来源文件吧
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Just a reporting regime, a new requirement.
Reporting does not mean a wrong has been done ( or someone has committed a crime), it is just the amount of money looks suspicious, so most will report it to a special Police unit. It is better to report than not reporting attitude to "play safe" (ie protect themselves)
The lawyer will not and need not ask details like an investigator ( however, few basic things will be required, name, ids, date of birth, address and source of fund based on your explanation), they just look at the amount etc and do their routine reporting. Someone in the office will be appointed as " officer in charge of anti-money laundering" it is provided under the Act that they comply.
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那我有个疑问，律师怎么会知道你做什么工作的，全款买房的资金不符合你的工作收入呢？是否所有全款买房都都会被report呢？
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反洗钱要联网了吧，两国税务信息共享，大笔资金来源不明 可能会被盯上。
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反洗钱要联网了吧，两国税务信息共享，大笔资金来源不明 可能会被盯上。
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They will ask some questions, it is called " clients due diligent" "know your clients" process.
It is under Ministry of internal affairs that Lawyers are reporting to. They will enforce this Act on the lawyers in NZ. The lawyers must have records on those due diligent on records and any report they made to the special police unit.
for ease of reference, I provide the following article as a framework on how it works.
New information requirements for law firm clients from 1 July 2018
[size=0.9em]28 June 2018
Clients of law firms will be required to provide certain information on their identity and address after 1 July.
In some cases they will also be required to give details of the source of their funds.
Anti-money laundering measures for lawyers come into force on 1 July. From then, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 requires law firms to conduct customer due diligence on clients who want the firm to carry out some activities on their behalf.
The law applies to activities such as conveyancing and forming companies or trusts for clients. When these are requested, the lawyer must carry out due diligence.
Customer due diligence involves background checks of identity, date of birth and address. This information will need to be confirmed by acceptable documents such as a driver’s licence or birth certificate and documents showing an address.
Where the client’s business involves a company or trust, the law firm will also need information about the people associated with it, such as directors and shareholders, trustees and beneficiaries.
Depending on the circumstances, a law firm could also be required to obtain details of its nature and purpose and information on the source of funds.
“The law says that law firms must assess the risk they may face from the actions of money launderers and people who finance terrorism and they must identify potentially suspicious activity,” New Zealand Law Society Executive Director Mary Ollivier says.
“That assessment means the collection and verification of certain information from everyone who wants to engage the services of a law firm for activities covered by the law. Some law firms may choose to conduct customer due diligence on all their clients for future efficiency.
“The law will apply to everyone, whether they have been a firm client for a long time or whether it is their first visit. It also means that if the firm is not able to obtain the required information it will not be able to act for that person.”
Mrs Ollivier says lawyers and conveyancers are the first of a number of professional groups which are being brought into the anti-money laundering requirements. Accountants follow on 1 October and they will also be required to conduct customer due diligence.
“This is a very important step in New Zealand’s moves to combat money laundering and terrorist financing. The services provided by law firms, accountants and other professionals can be used by criminals and the measures being put in place are very necessary."
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it is part of the "clients due diligent" that lawyers in NZ will have to carry out and do the necessary reporting.
Ministry of internal affairs will enforce the Act against the lawyer if the law firms fail to do the due diligent and reporting.
below is the summary from NZ Law Society:-
New information requirements for law firm clients from 1 July 2018
28 June 2018
Clients of law firms will be required to provide certain information on their identity and address after 1 July.
In some cases they will also be required to give details of the source of their funds.
Anti-money laundering measures for lawyers come into force on 1 July. From then, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 requires law firms to conduct customer due diligence on clients who want the firm to carry out some activities on their behalf.
The law applies to activities such as conveyancing and forming companies or trusts for clients. When these are requested, the lawyer must carry out due diligence.
Customer due diligence involves background checks of identity, date of birth and address. This information will need to be confirmed by acceptable documents such as a driver’s licence or birth certificate and documents showing an address.
Where the client’s business involves a company or trust, the law firm will also need information about the people associated with it, such as directors and shareholders, trustees and beneficiaries.
Depending on the circumstances, a law firm could also be required to obtain details of its nature and purpose and information on the source of funds.
“The law says that law firms must assess the risk they may face from the actions of money launderers and people who finance terrorism and they must identify potentially suspicious activity,” New Zealand Law Society Executive Director Mary Ollivier says.
“That assessment means the collection and verification of certain information from everyone who wants to engage the services of a law firm for activities covered by the law. Some law firms may choose to conduct customer due diligence on all their clients for future efficiency.
“The law will apply to everyone, whether they have been a firm client for a long time or whether it is their first visit. It also means that if the firm is not able to obtain the required information it will not be able to act for that person.”
Mrs Ollivier says lawyers and conveyancers are the first of a number of professional groups which are being brought into the anti-money laundering requirements. Accountants follow on 1 October and they will also be required to conduct customer due diligence.
“This is a very important step in New Zealand’s moves to combat money laundering and terrorist financing. The services provided by law firms, accountants and other professionals can be used by criminals and the measures being put in place are very necessary."
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如果是国内收入，只要说是国内收入就好了吧。比如说国内卖房，租房所得？
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那也麻烦，国内卖房，卖房的合同？租房，租房合同？
现在中国和新西兰已经联网，账户的核查很容易的
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Some examples of suspicious activities ( that will be captured for mandatory reporting):
Customer uses third party names on property titles without obvious reason.
-Customer uses trust name on property title without obvious reason.
- Customer appears unconcerned about selling or buying well below or above market
value.
- Beneficial ownership of the transactions is obscure.
-Customer arrives at a real estate closing with a significant amount of cash.
-Customer purchases property in someone else's name such as an associate or a
relative (other than a spouse).
- Customer does not want to put their name on any document that would connect them
with the property or uses different names on Offers to Purchase, closing documents
and deposit receipts.
-Customer inadequately explains the last minute substitution of the purchasing party's
name. Use of Nominee.
-Customer negotiates a purchase for the market value or above the asked price, but
requests that a lower value be recorded on documents, paying the difference “under
the table”.
-Customer pays initial deposit with a cheque from a third party, other than a spouse or
a parent.- Customer pays substantial down payment in cash and balance is financed by an
unusual source (for example, a third party or private lender) or offshore bank.
-Customer purchases personal use property through their company when this type of
transaction is inconsistent with the ordinary business practice of the customer.
- Customer purchases multiple properties in a short time period, and seems to have
few concerns about the location, condition and anticipated repair costs, etc. of each
property.
- Customer insists on providing signature on documents by fax / wechat / skype only.
- Customer over justifies or over explains the purchase.
and Many more, those are the guidelines given by the Special Police Financial Unit.
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Continue of suspicious activities that cover mandatory Reporting...................
Customer's home or business telephone number has been disconnected or there is
no such number.
-Customer uses a post office box or General Delivery address where other options
are available.
- Customer wants to build a luxury house in non-prime locations.
- Customer exhibits unusual concerns regarding the firm's compliance with
government reporting requirements and the firm's AML policies.
-Customer exhibits a lack of concern regarding risks, commissions or other
transaction costs.
- Customer persists in representing their financial situation in a way that is unrealistic
or that could not be supported by documents.
- Transactions carried out on behalf of minors, incapacitated persons or other persons
who, although not included in these categories, appear to lack the economic capacity
to make such purchases.
- A transaction involving legal entities, when there does not seem to be any
relationship between the transaction and the activity carried out by the buying
company, or when the company has no business activity.
- Transactions in which the parties show a strong interest in completing the transaction
quickly, without there being a good cause.
- Transactions in which the parties are foreign or non-resident for tax purposes and
their only purpose is a capital investment (that is, they do not show any interest in
living at the property they are buying).
- Transactions involving payments in cash or in negotiable instruments which do not
state the true payer (for example, bank drafts), where the accumulated amount is
considered to be significant in relation to the total amount of the transaction.
- Transactions in which the party asks for the payment to be divided in to smaller parts
with a short interval between them.
- Transactions in which payment is made in cash, bank notes, bearer cheques or other
anonymous instruments.
- Transactions which are not completed in seeming disregard of a contract clause
penalising the buyer with loss of the deposit if the sale does not go ahead.
- Recording of the sale of a building plot followed by the recording of the declaration of
a completely finished new building at the location at an interval less than the
minimum time needed to complete the construction, bearing in mind its
characteristics.
- Transaction is completely anonymous – transaction conducted by lawyer – all deposit
cheques drawn on lawyer's trust account.
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In short, most of the transactions as far as i can see will fall under the Reporting Requirement.
haha........... the fact that LZ is so concern triggers the reporting requirement too.
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很全面的信息，很棒！
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据说一旦被证明是国外税务局民以后会很麻烦
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今天一些银行已经冻结了不少疑似海外收入的客户账户，钱还在，但是不能用，必须提交说明解释才行了
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这么快？？那是因为国外税务居民被冻结还是因为反洗钱？
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各位的钱都怎么出来 最近国内想打钱（5万美额度） 银行都直接不让了
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从国内转钱买商业地产是否也适用？
钱从国内亲属，朋友手里借，只要能证明他们的钱在国内是合法收入，并且出示借条就可以了吧？
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国内收入会被IRD 盯上， 海外收入要交税。
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有打电话给IRD IRD说如果是私人对私人 国内不是用公司账户转钱 就不用交税