Know Your Client
Effective December 31, 2008, the New Client Identity & Verification Requirements under By-Law 7.1 introduced by The Law Society of Upper Canada (LSUC) require all lawyers and paralegals to verify the identify of clients (and any 3rd party beneficiary or principal for whom the client acts or represents), whenever they are being retained for legal services.
Complete By-Law details are available at http://www.lsuc.on.ca/regulation/a/by-laws/by-law-71/.
ESC Corporate Services can help you get identification verification information in one of the following ways:
- Order your searches using our self-service offering from our evolving site at www.eservicecorp.ca
- Let our expert staff help provide the documentation you need by completing and submitting the "Know Your Client" Order Form.
Either way, we'll do our best to help you get the information you need to fulfill these new requirements in a time efficient and cost effective manner. For more information, contact us at searchandreg@eservicecorp.ca or 1-800-668-8208 (416-595-7177).
What You Need to Know:
If the client is an individual, the lawyer will have to collect, document and retain the person's full name, business address and phone number, home address and phone number, and their occupation. In order to verify the client's identity, the lawyer is required to obtain and review an original government-issued document that can include one of the following:
- Driver's license
- Birth certificate
- Provincial health card (where permitted for identification purposes)
- Passport
- Other similar record
Where the client is an organization (e.g., corporation, partnership or trust), the lawyer is required to obtain and keep a record of the organization's full name, business address and phone number, the organization's incorporation or business identification number and the place of it's issue, as well as the general nature of the business. They must also document the name, position and contact information of all individuals authorized to provide instructions on behalf of the organization. In order to verify the identity of the organization, the lawyer must obtain and review a written confirmation from a government registry as to the existence, name and address of the organization including the names of the directors or officers. Documents that meet the requirement include:
- Corporate Profile Report
- Corporate file search
- Certificate of Corporate Status
- Annual filings of the organization
- Partnership or trust agreement
- Articles of Association
We recommend ordering a Corporation Profile Report and Certificate of Status for corporate identification purposes and a Business Name Report for business registrations. Note that these are merely suggestions and additional information may be required in order to fully satisfy the regulation requirements.
How ESC Corporate Services Can Help:
ESC Corporate Services is a Service Provider under contract with the Ministry of Government Services (MGS). Services available include:
| Search | Description | Turnaround Time |
Corporate Profile Report - uncertified |
This report displays current information on the public record for the subject corporation. All active directors and officers are listed. Some historical information, such as amalgamating corporations, where the subject corporation is an amalgamation and name history are included in the report. | Minutes |
Corporate Profile Report - certified |
As above - certified | Minutes |
Corporate Document List - uncertified |
This report identifies all documents filed by the corporation since June 27, 1992 forward. Where the information has been recorded in ONBIS, the report also identifies the name of the person authorizing the filing of a document filed under the Corporations Information Act. | Minutes |
Corporate Profile Report - certified |
As above - certified | Minutes |
Corporate Business Names List - uncertified |
This report provides all business names and registration dates (new/renewal) filed by the corporation within the last five years. The list includes the Business Identification Number (BIN), the registration and the expiry date. Note: if you require more information on the business registration such as the status, address and the activity of the business, please order a Current Business Names Report through Business Access at www.teranet.ca/cs. | Minutes |
Corporate Business Names List - certified |
As above - certified | Minutes |
Corporation Point in Time Report - uncertified |
The Point In Time report displays the information as recorded on the public record as of a specific date since June 27, 1992. Filing dates must be obtained from the Document List. This report includes all active officers and directors up to and including the date of the report. It also lists any officers or directors reported as ceased by the specific document filed on the date of the report. | Minutes |
Corporation Point in Time Report - certified |
As above - certified | Minutes |
| Certificate of Status | Certificate of Status provides the current status of the corporation. The Certificate confirms the status of the corporation only on the date ordered. To confirm prior existence, it is recommended that a Corporation Point In Time Report of other searches be conducted. | Minutes |
| Certificate of Non-filing | This Certificate is issued based on information recorded on the ONBIS on or after June 27, 1992 when a corporation has not filed under the Corporations Information Act. Additional historical information may exist on the Companies and Personal Property Security Branch corporate microfiche. | Minutes |
| Certificate of No Record | This Certificate is issued if there is no record of the corporation in the ONBIS system. | Minutes |
| Statement of No Record | A Statement of No Record is issued where there is no record of a corporation on the ONBIS system. | Minutes |
| Microfiche - uncertified | This is designed for clients who have a Microfiche Reader and will make their own copies. Teranet will send the actual Ontario Corporate Microfiche. This is part of the official public record and provides incorporating and amending documents. It does not provide a complete and current record. The Ontario Corporate Microfiche contains the following:
|
3-5 business days |