Anti-Money Laundering & Identity Verification

Where we act for a company on a captured matter, we must verify the company’s identity and structure, and identify all individuals who own or control it.

Company Information

• Full registered name, NZBN, and registered office address
• Companies Office extract (including identifier or registration number)
• Company constitution (or confirmation that default Companies Act 1993 rules apply)
• Ownership and control structure — names and shareholdings of all shareholders
• Names and roles of all current directors
• Confirmation of any nominee directors or nominee shareholders, and the identity of the person behind the nominee

Who We Need to Identify

• Every individual owning more than 25% of shares (directly or indirectly)
• Every individual with effective control (directors, senior management)
• The person behind any nominee arrangement

For each person in the above categories we need:

• Full name
• Date of birth
• Residential address, city, country and postcode
• Email address
• Mobile number
• IRD number

Plus identity documents (see Individuals & Couples above for the three options) and proof of residential address.

Source of Funds

• Business income: audited accounts or accountant’s letter confirming income
• Business sale: contract of sale; confirmation by solicitor or accountant
• Investment: contract notes or written confirmation from accountant or broker

Trust Documents & Information

• Full name of the trust and its address
• A certified true copy of the trust deed and all variations (we may already have this)
• The trust’s IRD / ATO number — preferably a copy of the letter from Inland Revenue
• A bank statement addressed to the trust, or if there isn’t one, a letter addressed to the trust

Trustees — for each trustee

We need the following for every trustee:

• Full name
• Date of birth
• Residential address, city, country and postcode
• Email address
• Mobile number
• IRD number

Plus identity documents (see Individuals & Couples above) and proof of residential address.

Settlors — for each settlor

We need the following for every settlor, including any economic settlor behind a nominee:

• Full name
• Date of birth
• Residential address, city, country and postcode
• Email address
• Mobile number
• IRD number

Plus identity documents and proof of residential address.

Beneficiaries

We need the full name and date of birth of every beneficiary — not just those with a significant share. This is a DIA requirement.

Protectors & Appointors

For any protector, appointor, or person with power to amend the deed or appoint/remove trustees, we need the same full personal details and identity documents as for trustees.

Person overseas? We can accept documents certified by a New Zealand or overseas lawyer, notary public, or other trusted referee.

Corporate Trustees

If a company is appointed as trustee (or as beneficiary or agent of the trust), we also need:

• Companies Office extract for the corporate trustee (including identifier or registration number)
• Identity documents for the directors and shareholders of the corporate trustee
• If there are directors or shareholders other than the main named person, AML requirements must be satisfied for each of them

Source of Wealth & Funds

• Origin of the settlor’s wealth: business earnings, property sale, inheritance, employment income — a brief explanation plus supporting documents such as bank statements or an accountant’s letter
• Source of trust income: rental income, business dividends, family contributions
• Description of trust assets: a brief description of current or intended assets held by the trust

A simple family trust with a single residential property requires less documentation than a trust with complex commercial activities. We will let you know if we need anything more.

Estate and probate work is not automatically subject to AML/CFT requirements. Whether identity verification is required depends on the nature of the work.

When AML Does Not Apply

If the estate work is purely legal advice, court representation, document drafting, or obtaining a Grant of Probate — without receiving or managing estate funds and without a property transaction — AML/CFT obligations do not apply. No identity verification is required.

When AML Does Apply (Enhanced CDD required)

AML/CFT obligations are triggered when:

• Trust funds are received into our trust account on behalf of the estate
• The estate involves a property transaction (sale or transfer of real estate)
• The estate includes trust assets or ongoing trust arrangements we are operating or managing

Estate Information Required

• Full name of the estate (e.g. “The Estate of [Name]”)
• Copy of the will (if one exists)
• Copy of the Grant of Probate or Letters of Administration (if obtained)
• The deceased’s IRD number
• The estate’s IRD number (if one has been assigned)
• A bank statement or letter addressed to the estate

Executors & Trustees — for each person

We treat each executor and trustee identically to a trustee of a trust. For each person we need:

• Full name
• Date of birth
• Residential address, city, country and postcode
• Email address
• Mobile number
• IRD number

Plus identity documents (see Individuals & Couples above) and proof of address.

If an executor is a company, we also need a Companies Office extract and the identity documents for its directors and shareholders — the same as for a corporate trustee.

All Beneficiaries of the Estate

For estate matters where trust funds are received, we must obtain details for ALL beneficiaries regardless of the size of their share:

• Full name of each beneficiary
• Date of birth of each beneficiary
• Relationship to the deceased (e.g. spouse, child, sibling)

Where we act for a partnership or sole trader, we must verify the structure of the business and identify the individuals who own or control it before we can act.

Business Information

• Full trading name and business address
• Nature of business and purpose of the transaction
• Partnership agreement if one exists — or alternative evidence: joint bank account statements, joint tax records, emails confirming the arrangement, or a business contract or lease

Who We Need to Identify

• Every partner who owns more than 25% of the partnership
• Every person with effective control (e.g. managing partner or general partner)
• For a sole trader: the individual running the business

Personal Details — for each person

For the sole trader, or for every partner with more than 25% ownership or effective control:

• Full name
• Date of birth
• Residential address, city, country and postcode
• Email address
• Mobile number
• IRD number

Plus identity documents (see Individuals & Couples above) and proof of residential address.

Source of Funds

• Business bank statements (3–6 months)
• Explanation of where the transaction funds are coming from
• Loan documentation if the funds are borrowed

Where we act for a charity, incorporated society, or club, we must verify the organisation’s identity, confirm its governance structure, and identify the people with effective control before we can begin.

Organisation Information

• Full legal name and registered address
• Registration number (Charities Register, Incorporated Societies Register, or similar)
• Constitution, trust deed, or rules document
• Nature of the organisation’s purpose and activities
• Current list of all officers or committee members with effective control — typically Chairperson, Treasurer, and Secretary
• Name and authority of the person instructing us on this matter

Trustees, Officers & Authorised Persons — for each person

For every trustee, officer, or committee member with effective control, and any person authorised to give instructions:

• Full name
• Date of birth
• Residential address, city, country and postcode
• Email address
• Mobile number
• IRD number

Plus identity documents (see Individuals & Couples above) and proof of residential address.

Source of Funds

• Explanation of where the funds are coming from — membership fees, grants, donations, or fundraising
• Bank statements or grant approval documentation as evidence
• Loan documentation if the funds are borrowed