最近有交割房产的朋友吗？

CTC

现在要证明资金来源，请问钱都是国内来的，这些都怎么证明的啊？？

tv1

从国内来的转账记录。 换汇公司转账记录

CTC

咨询了几个不同的律师，感觉说的都不太一样，有的说非常严，一定要国内的证明，还有打过来的流水证明什么都需要，有的说好像没那么严格，反正都不太一样，落差还挺大的。是不是政策刚出来，没有一个统一的说法，律师也都在摸索中啊？

bungyjumping999

CTC 发表于 2018-7-20 14:49
咨询了几个不同的律师，感觉说的都不太一样，有的说非常严，一定要国内的证明，还有打过来的流水证明什么都 ...

The lawyer if not doing it properly ( by doing client due diligent and unearthing the source of the fund), they will be another " Ping An finance company case" and liable for assisting money laundering ( fine was $5.3 million)
https://www.interest.co.nz/business/90096/auckland-company-ping-fined-529-mln-calculated-and-contemptuous-disregard-anti-money


It is up to an individual law firm, strict or not strict, if they don't do a good job as a gatekeeper, they will be liable.

This new regulation is effective from 1/7/2018.  It is up to them to take the Risk assessment.

Anti Money laundering law can have Criminal liabilities too. That is, director and employee can be jointly charged under the Act.


Don't use this forum to put down people, a good way to start is to establish Client relationship with your legal adviser and let them have time to do your due diligence and have your basis documents. If they think the activities (fund) is suspicious, they will report you to the Police Special Financial Unit, under the law, they don't have to inform you. The Special Financial Unit will also inform the country of your origin ( eg China ) as they are now joint forces in tackling the money laundering.


A suspicious fund is like "money from my father", " money from my uncle" without telling what your father or uncle is doing and where they get the money from (back up by documents). Why would they give you the money? If those cannot be explained, it will be suspicious. The test is an Objective test " would an ordinary lawyer in your position would have thought the fund (activity) is fishy and suspicious?"


Again, the Anti Money Laundering Law is prevailing (overriding) over any confidentiality (client's privilege), they will report what needs to be reported or risk being "assisting and abetting" money launderers in bringing money into this country ( ie, Wash their "dirty" money through NZ real estates).

lollywowo

Settled on 3 July. I was not asked to show any evidence of deposit source (around 40W). The bank asked before loan pre-approval and I gave them a gift certificate signed by my father. That's it.

Chatbox

lollywowo 发表于 2018-7-20 14:58
Settled on 3 July. I was not asked to show any evidence of deposit source (around 40W). The bank ask ...

That's pretty much what people do now, sounds as simple as before.

topsky

这么严重            

nissen

bungyjumping999 发表于 2018-7-20 14:57
The lawyer if not doing it properly ( by doing client due diligent and unearthing the source of the ...

大概多少钱要资金证明啊？10万纽币以下需要吗？

rzrljb

我朋友前2天刚交割，他的首付部分攒的，有工资，流水，部分父母赠与，父母有工资流水，银行对账单，好像还得翻译啥的，都交上去了最后交割了

rzrljb

nissen 发表于 2018-7-20 16:19
大概多少钱要资金证明啊？10万纽币以下需要吗？

首付都需要好像

nino

nissen 发表于 2018-7-20 16:19
大概多少钱要资金证明啊？10万纽币以下需要吗？

要的                                      

occc

感觉坛子里还没有人来发帖问怎么办交割不了，那就应该还没什么事啦

nissen

律师需要看你多少个月的bank statement? 他们怎么知道钱不是你自己的？

bungyjumping999

nissen 发表于 2018-7-20 16:19
大概多少钱要资金证明啊？10万纽币以下需要吗？

1) Let say, if husband and wife are working and they save $30K a year, that will be easy to see and over 5 years, it will have $150k,  easy to see.

2) husband and wife sell their house, pay back their mortgage ( use previous settlement statement), that will be easy to see their money was from the previous sale of a family house.

3) If a person said his money is from the overseas source, someone gave it to him, that "someone" might try to launder their money through this person. That itself is suspicious.

4) Money laundering also involving tax evasion, cash businesses owners that try to launder their money through the NZ Real estate.

5) Other examples are drug money, illegal activities (eg Ponzi scheme, scammers) that look and sound suspicious and have some warning signs

6) Use of shell company, trust, different layers of hiding through complex Trust set up - that is, trying to hide beneficiaries, or the real "boss" behind the scene --------> that itself is suspicious.

7) Politicians from politically sensitive countries, countries where corruption are common ( eg, people running away with fund entrusted to them), those are potential for suspicious activity report to the Special Financial unit.

8) Potential clients talked evasively, defensive and trying to avoid question when asked. behaviour include trying to talk loud and overpowering and said something like " everyone can't wait to do my business, who do you think you are?" -----------> that itself is suspicious.


"感觉坛子里还没有人来发帖问怎么办交割不了,那就应该还没什么事啦 " --------------> Settlement will still take place, the person will be reported to the Police Special Financial Unit if his /her fund is suspicious as objectively assessed by the law firm (They will file Suspicious Activity Report)*.

The same thing is happening to Banks, if the person monthly money balances are about $5000.00, suddenly, there is $800K going into the Account this month, the Bank will file Suspicious Activity Report to the Police Special Financial Unit.


The law firms or the Banks will not tell you ( in fact, they have to keep it secretly), it is their job under the Law to make that Report with your id etc, if not they will be liable for breaches. For law firms, they would have an independent person who will perform this function. Otherwise, they will be "assisting and abetting" money launderers in laundering their dirty money through NZ Real Estates.


If one day you are invited for coffee by DIA ( Department of Internal Affairs), you will probably know why.


_______________
news Extracts and notes:

Recent prosecution by DIA include a remittance company at Newmarket.
https://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=12029740

Ping An Finance's case link:
https://www.interest.co.nz/business/90096/auckland-company-ping-fined-529-mln-calculated-and-contemptuous-disregard-anti-money

Recent DIA prosecution involving Chinese/Canadian man: $70 Million is now frozen by Court
https://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=12077500

* DIA can apply for forfeiture / frozen of assets that are subject to money laundering. Many transactions will still run through, eg money from the bank, money through the lawyer's trust account ended up in a conveyancing settlement. The issue is the DIA will retain the power (upon establishing a case) to freeze assets and criminally/civil prosecute the people involved, including bankers, lawyers and launderers and any 3rd parties involved.

mka13

lollywowo 发表于 2018-7-20 14:58
Settled on 3 July. I was not asked to show any evidence of deposit source (around 40W). The bank ask ...

你用的是哪个律师，能PM我一下吗，谢谢

绵羊国一只鱼

被银行问过，给了国内卖房合同之后就ok了

lollywowo

mka13 发表于 2018-7-21 13:51
你用的是哪个律师，能PM我一下吗，谢谢

估计只是因为是新法施行第二天，律师银行也不知道具体要干点啥。所以没要特别的东西。现在settle要严了。

Prosperity International Finance

其实国内也要证明的...国内的打税几率交易记录啥的...