Client Due Diligence - Guide for Company / Partnership
What is Client Due Diligence?
In many jurisdictions, including Jersey, legislation has been introduced that requires firms when taking on clients, or handling client business to have procedures in place to verify a client’s identity and their source of funds, this is called Client Due Diligence (CDD). Viberts is regulated by the Jersey Law Society and registered with the Jersey Financial Services Commission (JFSC). This requires us to gather certain information and obtain copies of certain documents to prove the identity of our clients. This is also required to comply with anti-money laundering legislation.
We are aware that due diligence requirements are not easy to understand so we have produced this guide to assist you. If you require any further help, please do not hesitate to contact us.
SECTION 1: CDD for a Company
What information/documentation you will need to provide us:
In order to comply with CDD requirements, all companies are required to provide the following original documents or certified copies:
Certificate of Incorporation
- We require proof of the company name and any trading names;
- We require proof of the official identification number;
- We require a copy of the certificate of incorporation which must be signed and dated by a suitable certifier whom have had sight of the original(s) and certified the copies to be true copies of the original document(s);
Memorandum and Articles of Association
- We require a copy of the Memorandum and Articles of Association which must be signed and dated by a suitable certifier whom have had sight of the original(s) and certified the copies to be true copies of the original document(s);
Address of Registered Office
- We require proof of the address of the registered office (if different from your trading/mailing address);
- We will require proof of your principal place of business/operations (if different from the above);
Names of Directors and Senior Management
- We require the names of all the Directors and other persons who have and exercise strategic decision-taking powers or who have and exercise executive control;
Directors Proof of Identity
- We require a certified copy of your passport and a certified copy of a current utility bill or bank statement for two or more Directors which must be signed and dated by a suitable certifier whom have had sight of the original(s) and certifies the copies to be true copies of the original document(s) and all photographic evidence to be a true likeness of the holder(s);
- For more information on how to provide CDD for an Individual, please see our Guide here.
Shareholders
- We require details of any shareholder holding 25% of the shares or more.
SECTION 2: CDD for a Partnership
What information/documentation you will need to provide us:
In order to comply with CDD requirements, all partnerships are required to provide the following original documents or certified copies:
Registration
- We require proof of the name of the partnership and any trading names;
- We require proof of the date and country of incorporation/registration and official identification number;
Address of Registered Office
- We require proof of address of the registered business/office;
- We require the mailing address (if different from the above);
- We require proof of your principal place of business/operations (if different from above);
Partnership Agreement
- We require a copy of the Partnership Agreement which must be signed and dated by a suitable certifier whom have had sight of the original(s) and certified the copies to be true copies of the original document(s);
Names of all Partners
- We require the names of all the Partners;
Partners Proof of Identity
- We require a certified copy of your passport and a certified copy of a current utility bill or bank statement for two or more Partners which must be signed and dated by a suitable certifier whom has sighted the original(s) and certifies the copies to be true copies of the original document(s) and all photographic evidence to be a true likeness of the holder(s).
- For more information on how to provide CDD for an Individual, please see our Guide here.
If the documents being provided are copies, they will need to be certified as per instructions in the additional notes section.
The CDD guidelines above are a minimum requirement, and in some cases, we may be required to ask you for additional CDD information before we can process your matter.
Additional notes
Certified copies of documents may be certified by: –
- a member of the judiciary, a senior civil servant, or a serving police or customs officer;
- an officer of an embassy, consulate or high commission of the country of issue of the documentary evidence of identity;
- an individual who is a member of a professional body that sets and enforces ethical standards (i.e. an accountant);
- an individual that is qualified to undertake certification services (i.e. a notary public or a lawyer);
- a director, officer or manager within a financial services business which is regulated and operates in a well-regulated country or territory (i.e. a bank manager).
The person must certify that the copy is a true copy of the original document and a true likeness in the case of a photograph. In addition, the certifier must include an adequate level of information which needs to include their name, position or capacity, their address and telephone number or email address at which they can be contacted.
Please note a person cannot be a suitable certifier if they are:
- related to the person being identified by birth or marriage; or
- in a relationship or living with the person being identified.
Until such time as we have received all necessary supporting CDD documentation from you, we will not be able to progress your matter/transaction or accept funds into our client account.