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FINTRAC EFT Reporting Clarification

We’ve recently had quite a few conversations with our clients and friends about electronic fund transfer (EFT) reporting.

For entities that EFT 10Kare required to report EFTs, any amount valued at CAD 10,000 or more that is sent out of Canada or received from outside of Canada on behalf of a customer is reportable to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) within 5 business days.  The question that keeps coming up relates to situations that have multiple senders or beneficiaries.

For example:

When Jaques (your customer in Canada) sends the equivalent of CAD 12,000 to his aunt Sally in Europe, this is clearly reportable as an EFT.

But

What if instead of sending the whole amount to his aunt Sally, Jacques instead send three transactions, each equivalent to CAD 4,000 to each of his nephews, Ralph, Jean and Morty?

After hearing different answers from different people, we thought it best to get a policy clarification from FINTRAC.  You can see the full text of that question, and FINTRAC’s answer below.

Outgoing EFTs With Multiple Beneficiaries Are Reportable

In the case that we mentioned above, Jacques’ transactions would be reportable EFTs, provided that all of the transactions happened within the same 24 hour period.  In this case, 3 reports would be sent, adding up to the total amount (which is over CAD 10,000).

Incoming EFTs From Multiple Senders Are Reportable

It stands to reason that if you receive multiple EFTs of behalf of the same beneficiary, the same rules would apply.

In the example above, for instance, let’s say that the money sent to Jacques’ nephews was a loan.  All of the nephews pay pack the loan at the same time, and you receive 3 EFTs for Jacques, each from a different sender, with a value of CAD 4,000 each (CAD 12,000 in total for the three EFTs).  These are also reportable, provided that the transactions all occurred within the same 24-hour period.

What Does It Mean If You’ve Interpreted the Reporting Requirements Differently?

In some cases, this may mean updates to your IT systems, to allow you to detect transactions that are received on behalf of the same beneficiary, or sent on behalf of the same sender.

It may also mean looking back at your transaction data, in order to figure out whether or not there are any EFTs that should have been reported to FINTRAC that were missed.  If this is the case, we recommend that you consider filing a voluntary disclosure with FINTRAC to proactively let them know about the issue, and what you’re doing to fix it.  If this is the case, we’ve created some free resources to help make this process as simple as possible.

Need a Hand?

If you’re not sure what to do next or you need extra hands to review your IT system updates or a package that you’re submitting to FINTRAC, please contact us.

 

Full Text of FINTRAC’s Response

Amber, 

     I am writing further to your e-mail of May 13, 2014, concerning how to report an electronic funds transfer sent by one client but to

multiple beneficiaries.

     As you know, pursuant to the /Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations/ (PCMLTFR),  reporting entities are required to report to FINTRAC electronic funds transfers valued at $10,000 or more (in the course of a single transaction) at the request of a client, along with the information referred to in Schedule 2 or 5, as the case may be; and the receipt from outside Canada of electronic funds transfers, sent at the request of a client, of $10,000 or more in the course of a single transaction, along with the information referred to in Schedule 3 or 6, as the case may be.

     When a client requesting an EFT conducts a transaction with the initial amount of $10,000 or more and instructs that it be divided between multiple beneficiaries, the EFT is still being carried out by one client, and the EFT must be reported using multiple reports (one per beneficiary).  The key to determining the reporting requirement is the instruction given by the client. To better explain this, I have provided two examples below:

     1)  A client instructs that $15,000 be sent via EFT to different beneficiaries, $5000 each. In this instance, the reporting entity would be required to send three different reports, one for each beneficiary, for a total of the $15,000 that the client requested be sent via EFT. When submitting the reports, the 24-hour-rule indicator must be selected, although this is not considered to be a single transaction of $10,000 or more as defined under section 3 of the PCMLTFR.

     OR

     2)  A client instructs that $5000 be sent to beneficiary subsequent $5000 be sent to beneficiary B and a third $5000 be sent to beneficiary C. In this instance, the 24- hour rule must be considered.

The 24-hour rule applies if the reporting entity knows, or an employee or senior officer knows, that the transactions were made within 24 consecutive hours of each other, by or on behalf of the same individual or entity. It applies only to transactions that are under $10,000. If a transaction is for $10,000 or more, it is reportable as one transaction.  As such, if the reporting entity knows that the first two EFTs of $5000 each were made by, or on behalf of, the same person, then the reporting entity would be required to submit two reports under the 24-hour rule, as these two EFTs total $10,000.    

I trust this information will be of assistance.

Best regards

Canadian Digital Currency Regulation

BitcoinAcceptedHereLate last week, Canadian Bill C-31 received royal assent (meaning that it has been approved and will become Canadian law).  The bill covered many areas, one of which was anti money laundering (AML) and anti-terrorist financing (ATF) requirements for Canadian businesses.  This included adding “dealers in digital currency” to the definition of money services businesses (MSBs).

It’s not yet clear when these changes will come into force, but we expect that there will be a period of at least six months before businesses need to be compliant.   You can read the final version of the bill here. In the mean time, we expect to see a consultation paper and draft regulations before final regulations are released.  The law will not come into effect until final regulations are released, and the regulations will clarify exactly what dealers in digital currency need to do to comply.

For businesses that operate in Canada or have Canadian customers (customers that are served in Canada – including via the web), this will mean registering with government agencies as an MSB, maintaining an AML and ATF compliance program, being compliant with the laws (which includes keeping records and identifying customers and reporting certain types of transactions), answering to the regulators and disclosing certain information to financial service providers.

Who Is a Dealer In Digital Currency?

Bill C-31 did not define dealers in digital currency.  Instead, the bill states that the definition will be included in the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (Regulations).  Generally speaking, being a dealer in any type of good or service implies that you are selling something for profit.  The proposed definition is likely to appear in the initial consultation paper (expected this summer) as well as the draft version of the regulations.

It’s important to note that if you are dealing in digital currency today, but not engaging in any other MSB activities, you’re still not considered an MSB and you don’t have compliance obligations (yet).

MSB Registration

Dealers in digital currency will need to register as MSBs.  Anyone dealing with customers in Canada will need to register as an MSB with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).  The process involves contacting FINTRAC to provide initial information and gaining access to the MSB registration site.  There will be a number of questions about the owners of the business, senior officers, banking relationships and projected revenues.  While the process is not costly, it can take time (in particular if the regulator requires clarification).

MSBs serving customers in the province of Quebec are also required to be licensed with the Authorite des Marches Financiers (AMF).  Licensing related fees range from about CAD 607 to CAD 2428, excluding additional fees of CAD 202 per automated teller machine (ATM) operated in Quebec.  You can learn more about the Quebec licensing process here.

Dealers in digital currency will not be able to register as MSBs at this time, but should expect to do so once the final regulations have been issued.  The registration processes can take time, and it’s useful for businesses to start the process as early as possible in order to avoid being off side with the law.

Compliance Programs

AML and ATF Compliance Programs generally have five elements:

  • A Compliance Officer (the person who oversees compliance for the organization),
  • Policies and Procedures (documents that describe what you’re doing to comply),
  • A Risk Assessment (a document that describes the risk that your business could be used to launder money or finance terrorism, and the controls that you have in place to prevent this from happening),
  • Training (this is delivered at least annually to all staff that deal with customers or transactions), and
  • Effectiveness Reviews (like an audit for compliance, these are completed at least every two years).

Some dealers in digital currency may already have voluntary compliance programs in place.  These programs will most likely need to be updated when the final regulations are published.

Operational Compliance

In addition to having a documented AML & ATF compliance program, there are certain things that MSBs need to do in order to comply with the law.  Currently, these include identifying customers when the MSB:

  • receives the equivalent of CAD 10,000 or more in cash,
  • sells or cashes $3,000 or more of traveller’s cheques, money orders, or anything similar instruments,
  • exchanges currency of $3,000 or more for another currency,
  • sends or receives international money transfers of $1,000 or more, and/or
  • suspects that a transaction, or an attempted transaction, of any amount, is related to a money laundering offence or a terrorist financing offence.

Identification in this case is tightly defined as either the MSB or it’s representative looking at an original, valid (not expired) piece of government issued identification in person (via Skype or webcam doesn’t count) or using specific methods described in the Regulations.

MSBs are also required to keep specific types of records for at least five years, including customer and transactions records.  All records must be stored in such a way that they can be quickly retrieved if the regulator requires them (generally within 30 days of the date that the regulator makes the request).  In addition, MSBs are required to report certain transactions to FINTRAC and other agencies within set timeframes.

Like having a compliance program in place, these requirements don’t apply to dealers in digital currency yet, but it’s helpful for business owners to start thinking about the types of changes that may need to be made to IT systems and processes once regulations are released.

Penalties

The penalties for non-compliance can be significant, and may include either civil penalties, criminal penalties or both.  For instance, failure to report suspicious transactions can result in penalties up to CAD 2 million and/or 5 years imprisonment.

In addition, FINTRAC may publish penalties on its website.  While monetary penalties can be substantial, it is the publication of these penalties that can ultimately be more damaging to businesses.  Few banks or other financial service providers are willing to work with organizations that have published violations for non-compliance.

What’s Next For You?

If your business is likely to be considered a dealer in digital currencies, you will have an opportunity later this year to comment on the consultation papers and draft regulations.  It is unlikely that the sector will remain unregulated in Canada for long, but you will have an opportunity to voice your opinion about the proposed changes.

In the mean time, it’s time to start thinking about what you’ll need to do in order to be compliant.  Who will your Compliance Officer be?  What changes will you need to make to your documents, systems and processes?  Although there are certain things that you won’t be able to do quite yet, you can organize your resources to be ready later this year.

If you’re concerned about the next steps and need a hand, please feel free to contact us anytime.  Conversation are always free, and if you choose to hire us for a project, we do accept payment in bitcoin.

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Foreign Exchange Transactions May Be Derivatives

There are new regulatory requirements that will soon impact MSBs dealing in foreign exchange (“FX”).  Securities are regulated by the provinces and territories, and the dates for implementation and regulators will differ, however, the intent of the law and the basic premise is expected to be the same Canada wide.  All FX transactions that settle in a period longer than two days will be required to be reported.  In some provinces, these requirements will come into force sooner for registered derivatives dealers dealing in FX, and later for FX dealers not registered as derivatives dealers.

If you are a securities dealer providing derivatives to your clients, you will most likely already be aware that these changes are on the horizon.  If you are an MSB providing FX services, these changes may have been less foreseen.  The comments below are intended to help FX shops, who are not currently registered securities dealers, to understand derivatives reporting.

You may also be asking; “what is a derivative?” Simply, a derivative is a financial instrument whose value is based on that of an underlying entity, which could be an asset, currency or interest rate.

The new rule is meant to collect data in Canada on the economic ecosystem of the use of derivatives for financial speculation. So FX dealers who facilitate clients who speculate for financial gain using FX trading will be impacted by this rule.  If you are an FX dealer, the first thing that you will need to know is whether or not your transactions are considered to be derivatives.

Are My FX Transactions Derivatives?

To determine whether or not your FX transactions should be considered derivatives, consider the longest time that it takes to settle a transaction.  In this context, to settle the FX transaction means that you have delivered the currency to your client, or on your client’s behalf. A day, in this context, refers to business days (any days that your business is open and accepting or processing transactions).

For Example:

Screen Shot 2014-05-19 at 2.27.45 PM

There is an exception provided in the case that there is an event that prevents the delivery of the currency (but this is expected to be rare).

If you provide FX transactions that either include a rollover provision (something that allows you to extend the contract) or are intended as speculative investments (whether or not the trade actually settles over two business days) you will also need to meet the same requirements.  If you are conducting these types of transactions, you will need to take steps to be prepared by the time that the laws come into force in the province(s) and/or territories in which you do business.

My Transaction Are Derivatives – Now What?

As an FX dealer, you will have a choice:  you can either change your practices to settle all of your transactions by the end of the next business day; or you can complete additional steps to ensure that you are compliant.  For FX dealers that want to continue to settle transactions that are considered to be derivatives, there are 3 steps that must be completed before June 30, 2015:

  1. Obtain a Legal Entity Identifier (“LEI”)
  2. Set up Unique Product Identifiers (“UPIs”)
  3. Set up Unique Transaction Identifiers (“UTIs”) for applicable transactions (if your IT system doesn’t already do this)

After June 30, 2015, you will also need to keep certain records and report all applicable FX trades that are not settled within two business days.

Legal Entity Identifier

FX dealers to whom the new requirements apply will need to ensure that they obtain a Legal Entity Identifier (“LEI”), from a Local Operating Unit of an accredited Trade Repository (“TR”).  A list off TRs is available at leiroc.org.  This is expected to cost approximately $200-300 and the application process is expected to take 1-3 weeks.

Unique Product Identifiers

You will need to create Unique Product Identifiers UPI for all applicable product types you offer to clients.  For most FX dealers, this means that you will need to create a code to identify transactions that are settling over more than two days.  A list of the types of transaction identifiers can be found at isda.org under OTC taxonomies in the foreign exchange tabs of the downloadable document in Microsoft Excel.

Unique Transaction Identifiers

You will need to create a system that generates or attributes Unique Transaction Identifiers (“UTI”) for every applicable transaction.

Record Keeping And Reporting

Once you’re registered and you have all of your identifier numbers in place, you will need to report applicable transactions to the TR in “real time” (as soon as possible after the transaction has settled).  This means that you will need to have a system in place that keeps track of applicable transactions and a process to stay on top of reporting.

The information that you will need to report for each applicable transaction includes:

  • Your LEI (and the LEIs for any other applicable parties to the transaction);
  • The UPI;
  • The UTI; and
  • Transaction information.

This information is sent to the local TR

Keeping Up To Date

We’ve assembled some quick resources to help you stay up to date.  You can use the links below to connect to the regulators’ websites and other resources for your province or territory.

 

Province or Territory Regulatory Agency Website Is There a Law? Links
Alberta Alberta Securities Commission www.albertasecurities.com Yes http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_28/session_2/20140303_bill-003.pdf
British Columbia British Columbia Securities Commission www.bcsc.bc.ca Not yet N/A
Manitoba Manitoba Securities Commission www.msc.gov.mb.ca Yes https://web2.gov.mb.ca/laws/statutes/ccsm/s050e.php
New Brunswick Financial and Consumer Services Commission (New Brunswick) www.fcnb.ca Yes http://www.gnb.ca/legis/bill/pdf/57/4/Bill-9.pdf
Newfoundland & Labrador Office of the Superintendent of SecuritiesService Newfoundland and Labrador www.gov.nl.ca/gs Not yet N/A
Nova Scotia Nova Scotia Securities Commission http://nssc.novascotia.ca/ Yes http://nslegislature.ca/legc/bills/62nd_1st/1st_read/b060.htm
North West Territories Northwest Territories Securities Office www.justice.gov.nt.ca/ Not yet N/A
Nunavut Nunavut Securities Office http://nunavutlegalregistries.ca/sr_index_en.shtml Not yet N/A
Ontario Ontario Securities Commission osc.gov.on.ca Yes http://www.canlii.org/en/on/laws/stat/rso-1990-c-s5/latest/rso-1990-c-s5.html
Prince Edward Island Office of the Superintendent of Securities www.gov.pe.ca/securities Not yet N/A
Quebec Autorité des marchés financiers www.lautorite.qc.ca Yes https://lautorite.qc.ca/fileadmin/lautorite/reglementation/instruments-derives/avis-autorite/2017oct05-avis-regl-modif-rid-en.pdf
Financial and Consumer Affairs Authorityof Saskatchewan www.fcaa.gov.sk.ca Not yet N/A

Need A Hand?

We’re not securities lawyers, but fortunately we know someone who happens to be just that. For assistance registering as a derivatives dealer, resolving potential disputes, and securities law questions, contact Susan Han at AUM Law.

If you require assistance reviewing your business for triggering activities, amending your policies, procedures and risk assessment, as well as,  setting up a reporting regime, please contact us.

 

Does Québec MSB Licensing Apply to Me?

We recently sought clarification from the Autorité des marchés financiers (AMF), Québec’s provincial regulator, on when money services businesses (MSBs) need to be licensed in Québec.  The Québec licensing process is completely separate from the federal MSB registration with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).  The full text of the response that we received appears below this blog entry.

Are You Required To Be Licensed in Québec?

To determine whether or not you need to be licensed in Québec, we’ve developed a chart:

Screen Shot 2014-05-19 at 2.08.51 PM

If you are offering any of the defined MSB services to people of organizations in Québec (including via the web) you are expected to be licensed as an MSB in that province.

The AMF has announced that digital currency exchanges and ATMs are also regulated under the MSB Act.

How Can You Become Licensed And What Does It Cost?

Before you apply for an MSB license, you must obtain a Québec Enterprise Number from the Enterprise Registrar.  This is a unique numeric identifier that you will use when dealing with Québec government agencies and business partners.  The registration process will cost approximately CAD 34.00 and will require you to provide documents such as your articles of incorporation.  We recommend that you speak with your tax professional about the implications of registering as an enterprise in Québec, as it is likely that you will need to consider this in future tax filings.  You can access the registration site here.

Next, you’ll need to apply for your Québec MSB license.  The AMF has developed a user guide that explains the process in plain language.  You must have a respondent (someone acting on your behalf) in the province of Québec.  If you do not have any physical operations in Québec, the respondent  can be a third party that you trust, such as a lawyer, paralegal, accountant, consultant  or other professional that will act on your behalf.  A licensing fee of CAD 650.00 applies to each category of product or service that you offer (except for ATMs).  This means that the total fee for this stage will range from CAD 650.00 to CAD 2600.00.

In addition, MSBs that operate ATMs will be required to pay a fee of CAD 216.00 per ATM machine (located in the province of Québec) later in the process.

In addition to these fees, specific security clearance fees are required.  These include CAD 121.00 for the enterprise and each of the following (that apply to your business):

  • The Respondent;
  • Officers;
  • Directors;
  • Partners;
  • Branch managers;
  • Any person or entity who directly or indirectly owns or controls the money-services business;
  • Employees working in Québec (unless they are not involved in any of the MSB business);
  • Mandataries (who are responsible for the money services offered on behalf of the MSB);
  • Officers of the mandataries;
  • Any lender that is not a financial institution; and
  • For any lender that is not a financial institution or a natural person, lender is not a natural person, its officers, directors or partners.

You must obtain consent and information from each of these individuals in order to complete the security clearance process.  You must also assemble and submit corporate documents for your MSB, including:

  • Business plan and description of business activities;
  • Financial statements;
  • Document showing legal structure of the business;
  • Document confirming appointment of respondent; and
  • Document showing corporate structure of the business.

You should expect the application process to take six to eight weeks if all of the forms are filled out completely and correctly.  It can take significantly longer if your applications are missing information or signatures.  We recommend looking over all of your documents carefully before you submit them and reaching out proactively to the AMF if you have questions about how to complete the application forms.

Need A Hand?

Many MSBs have successfully gone through this process on their own (you don’t need to hire a lawyer or consultant), but if you want a hand assembling your package and communicating with the AMF we’re happy to assist – please contact us.

Full Text Of AMF Response

As discussed earlier, any entity who executes from Québec or makes available the following money services for the people of Québec has to submit an application in order to have the Autorité des marchés financiers release a Money services business (MSB) licence:

  • Currency exchange;
  • Funds transfer (over the counter or internet);
  • Issue / redemption of traveller’s cheque, money order, bank drafts.
  • Cheque cashing
  • Operation of ATM

A corporation does not have to have an establishment, an address, a post office box or even a telephone line in Québec for it to be considered as carrying an activity in Québec as long as it conducts business for a profit. It is often the case for corporations acting in the funds transfer category.

 The first step towards registration for a MSB should first be registration as a corporate entity with the Registraire des entreprises (http://www.registreentreprises.gouv.qc.ca/). This will provide a corporation number (NEQ) to the registrant that will be required for application purposes.

 Afterwards will come the submission of the E-services access form by its appointed respondent (see section 5 of the MSB Act) along with a payment of 614$ for each money services category to appear on the licence.

 All info and documentation is available on our website (www.lautorite.qc.ca).

Keeping Your Bank Happy

For many reporting entities, a growing concern has become obtaining and maintaining banking relationships.  Most, if not all, businesses need a banking relationship to survive and prosper.  If you are an individual in Canada, you are entitled to basic banking services, but it is not so for businesses.  Banks and other financial service providers choose the business customers that they will serve.  This means that the stakes can be very high for businesses shopping for a banking relationship.

As reporting entities themselves, banks and other financial services companies have similar obligations to other reporting entities.  They must understand their customers and their customer’s transactions.  There is mounting pressure for banks to conduct due diligence that includes reviewing the compliance programs of clients that are reporting entities.  As a business owner, your best defence against losing your banking relationship is making your banker’s work easier.

This isn’t something that most business owners have spent a lot of time thinking about, but a few hours every year can go a long way towards ensuring that your banking relationships keep operating smoothly.  Based on my clients (and my own) experiences, I’ve summed up a five-step plan to help you on your way, which includes links to free resources to help you get started.

Step 1:  Have A Compliance Program (and Keep It Up To Date)

All reporting entities need to have an anti money laundering (AML) and anti-terrorist financing (ATF) compliance program in place, that includes these five elements:

  1. Appoint A Compliance Officer (this is the person that is responsible for the compliance program; they should be fairly senior within your company and their appointment should be documented);
  2. Document Your Policies And Procedures (your documentation should be detailed enough to describe what you actually do, and be updated at least once a year);
  3. Create A Risk Assessment (this is a document that describes the risk that your business could be used to launder money or finance terrorism, and the controls that you have in place to prevent that from happening);
  4. Train Your Staff (this should happen at least once a year and all training sessions should be documented); and
  5. Have An AML Compliance Effectiveness Review (this is like an audit of your AML program and operations; it must be done at least every two years).

When you are creating and updating your documentation, remember that you and your staff are not the only people that will see it.  Your regulators, bankers and other people that don’t know your business the way that you do will also need to rely on your documentation.  This means that you need to write as if your reader doesn’t know your business.  Take the time to explain everything clearly.

If you need help creating a compliance program, please have a look at our resources pages for your reporting entity type or contact us.

Step 2:  Have a business plan

Your business plan should describe what you do, how you make money and include historical business volumes (for existing businesses) and predicted business volumes (for new and existing businesses).  This document should explain your business simply and clearly (to someone outside of your industry).  To make things easier for your banking service provider, you should explain the types of transactions that will go through your bank account and the estimated volumes.

Many business owners are hesitant to describe their transactions and marketing strategies in any type of document that will leave their hands.  This type of thinking can seriously harm banking relationships, especially if the bank perceives you as being secretive or evasive.  Remember that the bank needs to understand your business in order to keep you as a customer, and the easier that you can make it for them to understand, the better off you’ll be.

I’ve worked with consulting firms that charge high rates for business planning, but there is no real need to spend a lot of money creating a business plan.  There are many free resources available for Canadian businesses.  Here are some of my favourites:

Not surprisingly, the banks themselves offer many of these resources!

Step 3:  Have Contracts In Place

Any third party that is involved in your business (vendors, agents, etc) should have contracts in place, and your bankers may ask to see these agreements.  The contracts should spell out what the third party is obligated to do on your behalf and the copies of the agreements that you provide to your banker should be signed and dated by all parties.  Don’t provide original documents to your bank unless you are required to do so (often banks want copies only, as they will not be returned to you).

Many existing businesses have long-term business relationships that may never have had a formal agreement in place.  In these cases, especially if the third party is doing something like identifying customers on your behalf, you will need to get written agreements.  These don’t need to be overly complicated.  The agreement should state what all parties are required to do and when.  It can be a plain language document that you draft yourself, or something more complicated that you work on with the advice of a lawyer.  The important thing is that you have agreements in place and that they’re clear enough to allow the reader to understand how the parties are related.

Step 4:  Take The Time to Build Alliances

You don’t usually get to speak directly with your bank’s compliance department. The sales representative or branch manager is your liaison. They need to be your advocate.  In this type of scenario, a person becomes your advocate not because you’re cute or gave a nice gift but because they know, understand and can explain your business. This takes patience and time.  Remember you need them as much as they need you. Make it a no brainer for them to want you as a customer (profitable, low risk, low effort).

Your representative at the branch is your point of contact and can act as a sounding board for your documentation.  For instance, if they have requested your business plan, ask if you can walk through it with them and get their advice before it is submitted to the bank’s head office or compliance department.  Remember that they can’t write documentation for you, but they can provide excellent insights about what the bank expects to see.

Step 5:  Consider Having Audited Financial Statements Completed

In some cases, your financial service provider may require audited financial statements. Only a licensed accounting professional or firm (specifically someone with a CA or CPA) can issue this type of report in Canada.  The process involves an independent evaluation of your company’s financial statements and other documents.  The auditor expresses an opinion about your company’s financial statements, based on the audit work performed, to state if they feel that the financials are free from material errors.  This is not specific to anti-money laundering.  The audit report refers to the company’s financial risk and fraud risk, among many other topics, to give your financial service provider more comfort over the financials they are reviewing to help lower your risk profile.  While we at Outlier aren’t accountants, and don’t perform this type of work, we’re happy to recommend accounting firms that have experience with audited financial statements, including our friends at Helen Loukatos Chartered Accountant, who’ve generously given us permission to link to this Money Service Businesses Audit FAQ.

Stepping It Up

All of this is relatively simple, but it takes time.  Consider it an investment in your business.  If you need a hand getting started, please feel free to contact us.

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