Client identification

Within the context of combating the laundering of the proceeds of crime and the financing of terrorism, the services provided by e.g. civil-law notaries, lawyers and tax consultants are subject to the Money Laundering and Terrorist Financing (Prevention) Act. By virtue of this act, the consultants referred to above must identify the client, except under certain circumstances and prior to entering the business relationship.

Legal entities from the Netherlands can be identified by means of an extract from the Commercial Register or a deed from a civil-law notary. The identity of a foreign legal entity can be established on the basis of e.g. an extract from the Commercial Register of the country of origin or on the basis of other documents commonly accepted in international relations and which are deemed a legal means of identification in the country of origin. In addition, the persons acting on behalf of the legal entity must be asked for their names and dates of birth, which information must be retained.

The ultimate beneficial owner of the domestic and foreign legal entities must also be identified, save exceptions. The ultimate beneficial owner is understood to mean the natural person who, directly or indirectly, possesses more than 25% or who has otherwise control of the client.

Natural persons can be identified on the basis of e.g. their passports.