Singapore legislation

Regulation 8

of Estate Agents (Prevention of Money Laundering, Proliferation Financing and Terrorism Financing) Regulations 2021

Regulation 8

Performance of customer due diligence measures by third parties

Subregulation 1

A licensed estate agent (other than a licensed estate agent specified by the Council under paragraph (2)) may be relied upon by a responsible person, who is another licensed estate agent or is a registered salesperson of another licensed estate agent, to perform the customer due diligence measures which the responsible person is required to perform under regulations 4 to 7, if the responsible person is satisfied that the firstmentioned licensed estate agent is willing and able to provide, without delay, on the responsible person’s request, any document acquired by that licensed estate agent as a result of the customer due diligence measures or enhanced customer due diligence measures (as the case may be) performed by that licensed estate agent.

Subregulation 2

The Council may, in any practice circulars or guidelines issued by the Council, specify any licensed estate agent on whom a responsible person may not rely to perform customer due diligence measures.

Subregulation 3

A responsible person must not rely on a licensed estate agent to conduct ongoing monitoring under regulation 9.

Subregulation 4

Where a responsible person decides to rely on a licensed estate agent to carry out customer due diligence measures, the responsible person must obtain from the licensed estate agent without delay all documents acquired as a result of the customer due diligence measures performed by the licensed estate agent.

Subregulation 5

To avoid doubt, despite the reliance on a licensed estate agent to perform the customer due diligence measures that a responsible person is required to perform under regulations 4 to 7, the responsible person remains responsible for compliance with the obligations —

(a)

to perform customer due diligence measures; and (b)where the responsible person is a licensed estate agent — to keep records in accordance with these Regulations.