Client identification – Trust
At Le Gallais & Luce we are legally required to obtain identification and verification documents when establishing a client relationship. Please kindly note that until we have received all necessary supporting information and documentation from you, we will not be able to progress with your work/transaction or accept funds into our client account.
1. Trust documents
Please provide a certified copy of:
- the trust instrument, any amendments and supplemental instruments or;
- other documents evidencing:
- the name of the trust;
- when and where the trust was established;
- official identification number if applicable (e.g. tax identification number or registered charity or non-profit organisation number);
- nature of the trust and trustees’ duties;
- details of the trust fund; and
- full name and addresses of:
- each trustee of the trust,
- settlor of the trust,
- beneficiaries of the trust, and
- protectors of the trust.
2. Parties to the Trust
- CDD* – verification documents for:
- each trustee of the trust,
- the settlor of the trust,
- the beneficiaries of the trust
(with vested rights at the time or before distribution of trust property or income)
- the protector of the trust
- any individuals exercising ultimate effective control over the trust including through other ownership arrangements (e.g. partnership agreements, powers to appoint senior management or voting rights) or through personal and historical contractual connections.
3. Suitable certifiers
Please note that certified copies must be signed by a suitable certifier. Acceptable persons to certify documents may include any of the following, who must state their full name and capacity in which they are signing (self-certification or certification by a family member or close relation is not acceptable):
- 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 documentary evidence of identity;
- an accountant, doctor, practicing lawyer or notary public who is a member of a recognised professional body; and
- a director, officer or manager of a regulated financial services business which is operating in a well-regulated jurisdiction.
Please also note that for certification to be effective, a person will need to personally present an original document to an acceptable suitable certifier and that certifier will need to be subject to professional rules (or equivalent) providing for the integrity of the certifier’s conduct.
4. Suitable wording of the certification
Please note that the person carrying out the certification must state:
- “I hereby certify that I have seen the original of this document and that this is a complete and accurate copy of that document.”
Please note where the certification is to confirm the identity of a person it must also confirm:
- ”I also certify that the photograph contained in this document bears a true likeness to the individual that has requested certification of this document.”
Certifiers need to provide their details, sign (“wet signature”) and date the certification documents.
Le Gallais & Luce is a Member Firm of The Law Society of Jersey and is registered with the Jersey Office of the Information Commissioner in their capacity as the Data Protection Authority. The Firm obtains client personal information in the course of the Client Due Diligence process and satisfactory completion of our take-on procedures. The personal information held is restricted to that required for Anti-Money Laundering/Counter-Terrorist Financing purposes.