skip to Main Content

LEGAL QUERIES SOLVED

Esteema Capital Partner

LEGAL QUERIES SOLVED

Esteema Capital Partner

What is KYC

KYC stands for “Know Your Customer” (or sometimes “Know Your Client”).

It is a standard process that banks, financial institutions, and many businesses follow to:

  • Verify the identity of a customer (to ensure they are who they claim to be).

  • Understand the nature of their activities (to check if the business relationship is legitimate).

  • Assess potential risks of illegal activities like money laundering, fraud, or financing terrorism.

Typical KYC requirements:

  1. Proof of Identity – passport, driving license, national ID card, PAN card (in India), etc.

  2. Proof of Address – utility bills, bank statements, rental agreements, etc.

  3. Photograph – for matching and record purposes.

Why KYC is important:

  • Helps prevent money laundering and terrorist financing.

  • Protects businesses from being used for fraudulent activities.

  • Builds trust and compliance with legal and regulatory frameworks.

👉 In short, KYC is like a background check to ensure both the safety of financial systems and the legitimacy of customers.

Would you like me to also explain the difference between KYC and AML (Anti-Money Laundering), since they’re often linked?

Great 👍 let’s break it down clearly:

🔑 KYC (Know Your Customer)

  • What it is: A process of verifying a customer’s identity before or during a business relationship.

  • Purpose: To make sure the customer is genuine and not impersonating someone else.

  • Focus: Collecting and verifying documents like passport, ID, proof of address, and understanding the customer’s profile (e.g., source of income, type of business).

  • When done: At onboarding (account opening, investment, loan, etc.) and updated periodically.


🔑 AML (Anti-Money Laundering)

  • What it is: A broader set of laws, regulations, and procedures that financial institutions follow to prevent criminals from disguising illegal money as legitimate funds.

  • Purpose: To detect and stop money laundering, terrorism financing, and other financial crimes.

  • Focus: Monitoring transactions, identifying suspicious activities, reporting to regulators (like FIU in India, FCA in UK, FinCEN in US).

  • When done: Continuously — after onboarding, during all transactions and throughout the customer relationship.


Key Difference

  • KYC is a part of AML.
    Think of it like this:

  • KYC = Who are you? (identity check)

  • AML = What are you doing with your money, and does it look suspicious? (activity check)

👉 KYC is the first step; AML is the ongoing system.

Would you like me to give you a real estate example of how KYC and AML are applied? That might connect better with your interests.

Perfect — let’s use real estate as the example since KYC and AML are very active in property transactions.

🏢 KYC in Real Estate

When you buy a property (say in London or Dubai), the estate agent, solicitor, or developer must check:

  • Your passport or driver’s licence (proof of identity).

  • A utility bill / bank statement (proof of address).

  • Sometimes, source of funds (e.g., payslips, business income, inheritance documents).

👉 This ensures the buyer is a real person with a legitimate background.


💸 AML in Real Estate

After KYC, they must also ensure that the money used to buy the property isn’t “dirty money.”
This means:

  • Checking if the funds come from legitimate sources (salary, business profits, investments, etc.).

  • Monitoring for red flags (e.g., a £5M property paid in cash by someone with no income history).

  • Reporting suspicious transactions to regulators (like FCA in the UK, FIU in India, FinCEN in the US).

👉 This prevents money laundering where criminals might try to clean illegal money by buying property and later selling it.


🔑 Example

  • KYC: Mr. A wants to buy a £2M flat in London. The solicitor checks his passport, address, and verifies that he runs a tech company.

  • AML: The solicitor asks: “Where is the £2M coming from?” Mr. A shows audited company accounts and bank transfers. If instead the money came via offshore shell companies with no clear trail, the solicitor may need to file a Suspicious Activity Report (SAR).


✅ In short:

  • KYC = identity check (front gate).

  • AML = money flow check (entire journey).

Would you like me to also show you the top red flags that trigger AML checks in real estate deals? That’s something buyers, sellers, and lenders all keep an eye on.

Great — here are the top AML red flags in real estate that solicitors, banks, and regulators look out for:

🚩 Red Flags in Real Estate AML

  1. Unusual Payment Methods

    • Large cash payments for property.

    • Use of cryptocurrency without a clear paper trail.

    • Payment through complex layers of accounts.

  2. Unclear Source of Funds

    • Buyer can’t prove where the money comes from.

    • Income or wealth doesn’t match the property value.

    • Funds routed through tax havens / offshore shell companies.

  3. Over- or Under-Valuation

    • Property sold way above or below market value (can be a way to move money).

    • Back-to-back sales within a short period at different prices.

  4. Politically Exposed Persons (PEPs)

    • Buyers/sellers who are government officials or linked to them — higher risk of corruption proceeds.

  5. Complex Ownership Structures

    • Multiple holding companies, trusts, or nominees hiding the real owner (beneficial owner).

    • Frequent changes in ownership just before a sale.

  6. Geographic Risk

    • Money coming from or going to high-risk countries (sanctioned or known for corruption).

  7. Transaction Behaviour

    • Buyer seems unusually uninterested in property details (location, price, inspection).

    • Quick full payments without negotiation.

    • Frequent early repayments of mortgages (used to “clean” money).

  8. Third-Party Payments

    • Someone other than the buyer paying for the property without a clear relationship.


🔑 Example

  • A buyer wants to purchase a £5M house in London via a BVI offshore company, paying cash, and cannot show audited accounts or tax records → 🚩 High AML risk.

  • Another buyer pays £500k for a flat using mortgage + salary savings, with payslips and bank history → ✅ Low AML risk.


👉 In practice: KYC verifies the person; AML checks if the deal makes sense financially and legally.

Would you like me to create a simple checklist (step-by-step) for property buyers to ensure they don’t get flagged under AML?

Here’s a step-by-step AML safety checklist for property buyers (very useful if you’re planning or advising on deals):

🏡 AML Compliance Checklist for Property Buyers

✅ 1. Identity Documents Ready (KYC Stage)

  • Valid passport / driver’s licence / national ID.

  • Recent proof of address (utility bill or bank statement, usually <3 months old).

  • Recent passport-size photo (sometimes required).


✅ 2. Source of Funds Evidence

Prepare documents to clearly show where the money is coming from:

  • Salary / Employment → payslips, tax returns, employment contract.

  • Business Profits → audited accounts, company registration, tax filings.

  • Investments → portfolio statements, bank sale records.

  • Inheritance / Gifts → will, probate documents, or signed gift deed + donor’s bank proof.

  • Property Sale Proceeds → completion statement + bank receipt from earlier sale.

👉 Rule of thumb: If you can’t explain it, regulators will flag it.


✅ 3. Bank Transaction Trail

  • Use traceable bank transfers (avoid large cash deposits).

  • Keep a clear chain of funds from source → your account → solicitor’s client account.


✅ 4. Ownership Transparency (if using entities)

  • If buying via a company, trust, or offshore entity, prepare:

    • Certificate of incorporation.

    • Shareholder register.

    • Documents showing the ultimate beneficial owner (UBO).

  • Some countries (like UK) require disclosure of Persons of Significant Control (PSC).


✅ 5. Avoid High-Risk Patterns

  • Don’t over/under-value the deal artificially.

  • Don’t use complex or unnecessary middlemen (shell firms, unknown lenders).

  • Avoid payments from third parties unrelated to the deal.


✅ 6. Stay Ready for Extra Checks

  • If you’re a Politically Exposed Person (PEP) (e.g., senior govt official or linked), expect enhanced due diligence.

  • Be prepared for questions if funds come from high-risk jurisdictions (offshore tax havens, sanctioned countries).


✅ 7. Work with Trusted Professionals

  • Choose solicitors, estate agents, and banks with strong compliance practices — they help keep the deal “clean.”

  • Always sign and keep copies of AML declarations.


🚀 Quick Example

If you’re buying a £1M flat in London:

  1. Show passport + UK bank statement.

  2. Provide 3 years’ payslips & tax returns (if from salary).

  3. Bank transfer £1M via your UK bank into solicitor’s client account.

  4. Solicitor files AML compliance — ✅ smooth process.

If instead you bring £1M in cash, or through a Panama shell company with no documents — 🚩 transaction likely blocked or reported.


Would you like me to also make a seller’s AML checklist (since sellers also get checked, especially for “dirty money being taken out”)?

Here’s a step-by-step AML checklist for property sellers — very handy because sellers are also screened to make sure they’re not using property to “exit” illicit money.

🏠 AML Compliance Checklist for Property Sellers

✅ 1. Identity Documents (KYC Stage)

  • Valid passport / driver’s licence / national ID.

  • Recent proof of address (utility bill, bank statement, council tax bill).


✅ 2. Proof of Ownership

  • Original title deed / land registry extract.

  • If mortgaged → mortgage statement.

  • If inherited → probate documents, will, or succession certificate.


✅ 3. Source of Property Acquisition

You may need to show how you obtained the property:

  • Purchase → old sale agreement + bank statement showing payment.

  • Gift → gift deed + donor’s ownership proof.

  • Inheritance → probate documents / succession records.

👉 Regulators want to know how you got the property in the first place.


✅ 4. Transaction Trail for Sale Proceeds

  • Ensure sale money goes into your own bank account (not third parties).

  • Avoid cash transactions — insist on bank transfer via solicitor’s client account.

  • Keep records of funds received.


✅ 5. Ownership Structures (if using company/trust)

  • Provide incorporation documents + shareholder register.

  • Disclose the Ultimate Beneficial Owner (UBO).

  • UK example → Register of Overseas Entities (ROE) is mandatory if offshore company owns UK property.


✅ 6. Avoid Red Flags

  • Don’t agree to undervalue/overvalue on paper (buyers/sellers sometimes try to save tax or hide funds).

  • Don’t let a buyer push for unusually fast completion in cash.

  • Avoid routing funds through unrelated third parties.


✅ 7. Be Ready for Enhanced Checks

  • If you’re a Politically Exposed Person (PEP) or linked to one → expect more questions.

  • If the property was bought with offshore money years ago → you may be asked for historical records.


🚀 Example

  • Seller owns a flat bought in 2012 for £400k with a mortgage.

  • Now sells for £700k. Provides: passport, proof of address, old sale deed, mortgage discharge, bank account details.

  • Buyer transfers funds → solicitor checks trail → ✅ smooth, compliant transaction.

If instead seller insists on taking £700k in cash in a suitcase, or directs buyer to pay into an unrelated offshore account → 🚩 flagged as suspicious, likely blocked.


👉 Big picture:

  • Buyer AML check = where is the money coming from?

  • Seller AML check = where did the property come from, and where is the money going?


Would you like me to also create a side-by-side table comparing Buyer vs Seller AML requirements? That way you’ll have a quick reference for both sides of a deal.

Perfect 👍 — here’s a side-by-side AML comparison table for Buyers vs Sellers in property deals:

🏡 AML in Real Estate: Buyer vs Seller Checklist

Stage Buyer AML Requirements Seller AML Requirements
Identity (KYC) Passport / Driver’s licence / National ID
Proof of address (utility bill, bank statement)
Photo (sometimes)
Passport / Driver’s licence / National ID
Proof of address (utility bill, bank statement)
Source of Funds / Property Evidence of how purchase money is earned:
– Salary: payslips, tax returns
– Business: accounts, filings
– Investments: portfolio, bank records
– Inheritance/gifts: probate, deed, donor proof
Evidence of how property was acquired:
– Purchase: old deed + payment record
– Gift: gift deed + donor proof
– Inheritance: probate/succession docs
Money Flow Show clean bank transaction trail into solicitor’s client account
Avoid large cash deposits or unexplained third-party transfers
Ensure sale proceeds go directly into seller’s own bank account
Avoid cash or unrelated third-party accounts
Ownership Structures If buying via company/trust: incorporation docs, shareholder register, Ultimate Beneficial Owner (UBO) disclosure If selling via company/trust: incorporation docs, shareholder register, UBO disclosure (e.g., UK Register of Overseas Entities)
Red Flags – Cash or crypto payments
– Over/under-valuation
– Offshore shell layers
– Buyer disinterested in property
– Insisting on cash sale
– Asking to understate/overstate price
– Offshore ownership with unclear records
– Requesting unusual payment routes
Enhanced Due Diligence If Politically Exposed Person (PEP) or funds from high-risk jurisdictions → deeper checks, possible reporting If PEP or offshore ownership involved → deeper checks, possible reporting
Key Question Where is your money coming from? Where did your property (and now sale proceeds) come from, and where is the money going?

Summary:

  • Buyer’s AML = prove the legitimacy of the money used to purchase.

  • Seller’s AML = prove the legitimacy of the property ownership and sale proceeds.


Would you like me to also add a lender’s AML perspective (banks providing mortgages), since they do their own parallel checks in most property deals?

Excellent — here’s the third angle: Lender’s AML perspective (banks or financial institutions giving mortgages). They’re equally strict because they don’t want to finance deals tied to dirty money.

🏦 AML in Real Estate: Lender’s Checklist

Stage What the Lender Checks (AML/KYC) Why It Matters
Borrower Identity Passport / driver’s licence / proof of address. To confirm borrower is genuine, not a fraudster or sanctioned person.
Source of Deposit (Equity) Evidence of how the buyer’s down payment is funded: payslips, tax returns, bank statements, inheritance docs, etc. Ensures borrower isn’t injecting “dirty money” as their contribution.
Affordability & Income Verification Salary slips, employment contracts, audited business accounts, rental income proofs. Confirms the borrower has legal income to service the mortgage.
Property Valuation Independent valuation to ensure purchase price matches market value. Detects over- or under-valued transactions that may be used for laundering.
Repayment Ability Bank statements, credit reports, existing liabilities, debt ratios. Prevents misuse of loans where repayments don’t align with borrower’s real financial profile.
Transaction Trail All funds (deposit + loan) must pass via traceable bank channels into solicitor’s client account. Blocks cash-based or offshore routing attempts.
Ownership Transparency If borrower is a company/trust: incorporation docs, shareholder register, Ultimate Beneficial Owner (UBO) details. Ensures bank knows exactly who controls the borrower entity.
Red Flags – Borrower unwilling to provide documents.
– Large unexplained cash deposits.
– Foreign buyer with no income in property country.
– Offshore structures with no clear rationale.
These can trigger Suspicious Activity Reports (SARs) and deal rejection.
Ongoing Monitoring Banks monitor borrower’s account activity and mortgage payments post-loan. Ensures no unusual early repayments, third-party transfers, or suspicious patterns.

🔑 Example

  • Clean case: Borrower buys £1M flat, puts £200k deposit from salary savings, £800k loan. Provides 3 years’ payslips + tax returns → ✅ mortgage approved.

  • Red flag case: Borrower offers £200k “cash” deposit with no bank record, insists mortgage repayments will come from “a family friend abroad” → 🚩 bank likely refuses & may report.


✅ So now you have all 3 sides of AML in real estate:

  • Buyer → Where is the money coming from?

  • Seller → Where did the property & proceeds come from?

  • Lender → Can the borrower legally afford & repay, and is the deal clean?


Would you like me to put all three (Buyer, Seller, Lender) into a single comparison table so you can see the full AML picture at a glance?

Perfect 👍 — here’s the full AML comparison table for Buyer, Seller, and Lender in property deals:

🏡 AML in Real Estate: Buyer vs Seller vs Lender

Stage Buyer (Purchaser) Seller (Vendor) Lender (Bank / Mortgage Provider)
Identity (KYC) Passport, proof of address, photo ID. Passport, proof of address. Borrower’s passport, proof of address, credit checks.
Source Evidence Must prove source of purchase funds: salary, business, inheritance, investments, sale proceeds. Must prove how property was acquired: purchase deed, inheritance/gift docs, past payment trail. Must prove deposit source + borrower income (salary, business accounts, tax filings).
Money Flow Funds via traceable bank transfers → solicitor’s client account. No large unexplained cash. Proceeds paid into seller’s own account, not third parties. No cash receipts. Deposit + loan disbursed only via banking system into solicitor’s client account. No cash handling.
Ownership Transparency If using company/trust: incorporation docs + UBO disclosure. If selling via entity: incorporation docs + UBO disclosure (e.g., UK ROE). If borrower is entity: company docs, shareholder register, UBO disclosure.
Valuation Check Should match market price; unusual over/undervaluation triggers questions. Sale price must be realistic; undervaluing or overinflating is suspicious. Independent property valuation required before loan approval.
Red Flags – Cash/crypto payments
– Offshore shell layers
– Buyer uninterested in property
– Price manipulation
– Insisting on cash
– Offshore ownership with unclear history
– Requesting under-/overstated sale price
– Payment to unrelated accounts
– Unexplained deposit source
– Borrower refuses docs
– Early lump-sum repayments
– Foreign buyer with no local income
Enhanced Due Diligence If PEP or funds from high-risk country → extra checks. If PEP or offshore structure → extra checks. If borrower/guarantor is PEP or funds from high-risk country → enhanced monitoring.
Key Question Where is your money coming from? Where did the property & sale proceeds come from? Can you legally afford & repay this loan, and is the deal clean?

Summary at a glance:

  • Buyer → Scrutinised for funding source legitimacy.

  • Seller → Scrutinised for ownership legitimacy & clean exit of funds.

  • Lender → Scrutinised for loan risk, repayment ability & deal integrity.


Would you like me to now create a visual flowchart showing how AML checks happen step by step between Buyer → Seller → Lender → Regulators, so you can see the whole transaction chain?

Output image

Here’s the flowchart of AML in a property transaction:

  • Buyer → provides identity + source of funds.

  • Seller → provides ownership + property documents.

  • Lender → provides loan funds + checks borrower income.

  • Solicitor/Agent → central hub that verifies both sides, ensures funds flow correctly, and reports suspicious activity.

  • Regulators → receive reports (SARs) if anything looks suspicious.

👉 This shows how all parties interact under AML to keep property transactions clean.

Would you like me to also add the money flow (deposit, mortgage, purchase price, sale proceeds) on this diagram so you can see the financial movement step-by-step?

Output image

Here’s the enhanced flowchart showing both AML checks and money flow in a property deal:

  • Buyer → Solicitor/Agent: Provides ID, source of funds, and deposit.

  • Lender → Solicitor/Agent: Releases mortgage funds once cleared.

  • Solicitor/Agent → Seller: Pays sale proceeds after AML checks.

  • Solicitor/Agent → Buyer: Transfers title/ownership.

  • Solicitor/Agent → Regulators: Files SAR (Suspicious Activity Report) if red flags appear.

👉 This captures both the compliance side and the money movement in one chain.

Would you like me to also prepare a step-by-step narrative (bullet points) of a real-world property deal showing how AML fits into each stage (from offer to completion)?

🏡 Property Deal Timeline with AML Steps

1️⃣ Offer & Acceptance

  • Buyer makes an offer → Seller accepts.

  • AML Trigger: Both parties must prepare to provide ID and proof of funds/ownership.


2️⃣ Instruction of Solicitors / Agents

  • Buyer and Seller appoint solicitors or licensed conveyancers.

  • AML Trigger: Solicitors immediately request KYC documents (passport, proof of address).


3️⃣ Buyer’s AML Checks

  • Buyer provides:

    • Passport/ID + proof of address.

    • Evidence of deposit & full purchase funds (salary, inheritance, business, etc.).

  • Solicitor checks: Is the money legitimate and traceable?


4️⃣ Seller’s AML Checks

  • Seller provides:

    • Passport/ID + proof of address.

    • Title deeds, past sale agreement, mortgage statement, or probate documents.

  • Solicitor checks: Was the property legitimately acquired?


5️⃣ Lender’s AML & Mortgage Approval

  • If using a mortgage:

    • Bank verifies borrower’s income, deposit source, affordability.

    • Independent property valuation ordered.

  • AML Trigger: Bank ensures deposit isn’t “dirty money” and repayments are affordable.


6️⃣ Exchange of Contracts

  • Buyer pays the deposit into solicitor’s client account (traceable transfer only).

  • Solicitor confirms AML compliance completed for both parties.


7️⃣ Completion Day

  • Lender transfers mortgage funds → solicitor’s client account.

  • Buyer’s solicitor combines deposit + mortgage funds.

  • Seller receives sale proceeds into their verified bank account.

  • AML Trigger: Solicitor double-checks transaction trail before releasing funds.


8️⃣ Title Transfer

  • Solicitor registers new ownership with the Land Registry (or equivalent).

  • Seller’s mortgage (if any) is repaid from the proceeds.

  • Buyer becomes the legal owner.


9️⃣ Reporting to Regulators

  • If any red flags arise (cash payments, offshore structures, unexplained funds), solicitor files a Suspicious Activity Report (SAR) with regulators (e.g., FCA/UK NCA, FinCEN in US, FIU in India).

  • Transaction may be paused until cleared.


Summary:

  • AML checks happen at 3 key points:

    1. Before exchange (identity + funds verification).

    2. Before completion (money flow checks).

    3. If suspicious (SAR reporting).


Would you like me to also build a visual timeline (horizontal chart) of this step-by-step process so you can see it laid out like a property deal journey?

You said:
Yes
ChatGPT said:
Output image

Here’s the visual timeline of a property deal with AML steps highlighted:

  1. Offer & Acceptance → both sides prepare for KYC.

  2. Solicitors Instructed → ID and documents requested.

  3. Buyer AML Check → verify source of funds.

  4. Seller AML Check → verify property ownership history.

  5. Lender AML Check → deposit, income, valuation.

  6. Exchange of Contracts → deposit paid into solicitor’s account.

  7. Completion Day → mortgage + funds transferred.

  8. Title Transfer → buyer registered as owner.

  9. Reporting (if needed) → SAR filed to regulator.

Toggle title

Toggle content goes here, click edit button to change this text.

Toggle title

Toggle content goes here, click edit button to change this text.

Toggle title

Toggle content goes here, click edit button to change this text.

Toggle title

Toggle content goes here, click edit button to change this text.

Back To Top