AML Policy

Notary Practice E.D. Smit B.V.
Scripta Notarissen

Koninginnegracht 5
2514 AA 's-Gravenhage

Tel.: +31 6 22 791 546
Email: smit@scriptanotarissen.nl
KVK 70932174
Notaris Smit Derdengelden: NL75 ABNA 0149 0855 91

Client research

Arranging matters through the notary - the ground rules

For your safety and that of others, there are rules of play that everyone must follow when visiting the notary for advice or to arrange matters. We have listed a number of the general rules of play here. So that you know roughly what you can expect.

Identity check

To make sure it is you, we ask for a valid form of identification. This can be a passport, a Dutch identity card or a Dutch driving licence. We ask you to bring a form of identification with you every time you visit our office, even if you have shown your ID to us before. We will make a copy of your ID and store it securely. Would you like to know more about how we handle your data? You can read about this in our privacy statement, which is on our website.

In the case of a legal entity (for example, a private limited company or a foundation) or a trust, we also verify the details of the director(s)/representative(s) against a valid identity document. If it is a trust, we must identify the following persons: the settlor(s) (founder), the trustee and the ultimate beneficial owner (see also below).

Other personal details

In addition to your personal data, we also need other information from you. For example, it is important for us to know if you have difficulty reading documents or are unable to read them, if you have a hearing impairment, or if there are other (medical) matters at play. We also ask you for other personal details that we need to get a clear picture of you and your query. For example, what you do for a living, what your living situation is, and whether you have a partner. For some services, we also ask for information about your assets. We are also required to ask whether you hold a politically exposed person (PEP) position.

Ultimate beneficial owner

When dealing with a legal entity, we need to know who the so-called 'ultimate beneficial owner' of that legal entity is. This person is also referred to as the UBO. In short, this is the person who (directly or indirectly) holds, amongst other things, an interest of 25% or more in the assets or voting rights of the legal entity, or who effectively exercises control over it.

Based on criteria that provide further detail on this, it is assessed whether there is a UBO. If no UBO can be identified, we assume that the director(s) or partners are the UBOs. We ask the directors of the legal entity to have a declaration regarding the UBO completed by or about them.

Make payment

For example, when buying or selling a house or business, the buyer must pay money to the seller. For this purpose, the buyer and seller receive a payment overview from us. This states which amount must be transferred to which bank account of our office and when.

The following rules apply to that:

1. The buyer transfers the money from a bank account in the Netherlands that is in their own name.
2. The seller receives the money via us into a bank account in the Netherlands held in their own name.

If the buyer borrows money from the bank, that money may be transferred directly to our account by the bank. If the money is not borrowed from the bank but from someone else, that is not permitted. The same applies if the money has been inherited or gifted. Please bear in mind that in some cases we are required to investigate how the buyer obtained the funds.

The bank can charge negative interest on the money in our account. We are obliged to have this interest paid by the person who transferred the money to our account.

You cannot pay with cash here.

The notary has a duty to report

We check the matters you ask us to handle against a list of government indicators. This is because – just like solicitors and accountants – we have a duty to report to the government.

The authorities do not allow us to inform you of the report and, following a report from us, will investigate whether this constitutes what is known as an ‘unusual transaction’.

We have no notification obligation during the exploratory phase. That is the phase before we actually start providing services to you. After all, you must be free to discuss everything with us during the exploratory phase. Our notification obligation only applies from the moment we actually take on a case and it is clear that the requested work falls under the notification obligation.

Please contact us for further information.

This information sheet provides you with concise and simplified information about the rules. Where necessary, we will explain in more detail what the rules mean for you.