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Giftor Confirmation Form

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0% found this document useful (0 votes)
53 views

Giftor Confirmation Form

Uploaded by

belindacryer
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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.

Belinda Cryer

15th November 2024

Name of Client(s): Belinda Cryer


Case Reference: B1MT-1268573.00001
Conveyancer: Mohamed Tayub

We would ask that where possible, any response is sent by email to [email protected] rather than by post or
telephone.

Dear Belinda Cryer,

Re: Purchase of 18 Victoria Buildings, High Street Fordington, Dorchester and, Land, DT1
1LR
1 Frances Way
Grove Park, Enderby
Leicester
LE19 1SH

Tel: 0116 218 4130


Fax: 0844 309 9020
E-mail: [email protected]
Premier Property Lawyers Ltd. Registered in England and Wales. Registered No: 04323405. Registered Office Address & Head Office Address: 1 Frances Way, Grove Park,
Leicester, LE19 1SH. Regulated by the Council for Licensed Conveyancers. Practice Licence Number 11315. Telephone calls may be recorded.

We act for Mr Joss Newcomb Heenehan in relation to the purchase of 18 Victoria Buildings, High
Street Fordington, Dorchester and, Land, DT1 1LR.

We understand that you will be contributing moneys to fund the transaction. We also understand
that this is to be a gift to our clients and that you do not expect to acquire any interest in the property
nor do you intend to seek repayment of all or any part of the moneys in future. If this is not the case
you must advise us immediately.

We should make it clear that we do not, and cannot, act for you in this matter. We strongly advise
you to seek your own independent legal and tax advice in relation to the advisability of your
proposed monetary gift.

You should consider with your legal and financial adviser what action, if any, you may wish to take to
protect the moneys involved (in which case it is not a gift) and the wider implications for instance in
relation to your Will or tax planning, or in the event of relationship breakdown, death, financial
difficulties or insolvency (including that of our clients).

If you are making a gift


In order to provide the best and most appropriate advice to our client and any mortgage lender
involved with the transaction, we require certain information from you. Please complete the attached
Gift Confirmation form.

Some lenders require sight of this form from you and it is very important that you complete all of the
form. If you do not, this is likely to cause delay and a further form having to be obtained from you.
If you are providing the funds on terms other than a gift

If this is not a gift, in order to provide the best and most appropriate advice to our client and any
mortgage lender involved with the transaction, we would be grateful if you could please provide
details of any lawyer who is acting for you.

If you have not instructed a lawyer, we will require signed confirmation from you:

 Detailing the nature of your relationship to our clients


 As to the terms upon which you are providing the funds to our clients; and whether it is your
intention to secure the repayment of the funds by way of a legal interest in the property.
 If so, please confirm how you intend to proceed.
 That you have either obtained or do not wish to obtain your own independent legal and/or
tax advice.

We will need to report the source and terms of any other funds to our client’s lender (if any) and it is
therefore essential that you provide as much detail as to the terms upon which you are contributing
funds. This will help us to avoid unnecessary delays to our client’s transaction.

We may need to contact you, or your lawyers if you have representation, for further information.

Releasing funds

If the availability of funds requires you to give notice or is subject to other time constraints, please
advise us when the moneys are likely to be available.
If you are providing a gift, please do not send funds directly to us. They must be sent to our clients,
otherwise this will delay the transaction and we will be required to return the funds to you.
If the funds you are providing are not a gift, we will be unable to accept any funds into our account
until we have completed our due diligence and money laundering checks.

Money Laundering and Evidence of Funding

In all cases, it is a requirement under the Money Laundering Regulations that we verify the identity
and address of any person or body who is contributing funds towards the purchase of a property.
If it is not possible for us to establish your identity, and the source of funds within a reasonable
period, we will be unable to accept moneys from you or our clients.

Identification

We will perform identity checks on you through a Third Party, Mitek. To do this we will supply your
personal data to Mitek and they will give us information about you. Mitek use credit reference
agencies to check your details. These credit reference agencies may check the details against any
databases (public or otherwise) to which they have access. They may also use your personal details
in the future to assist other companies for verification purposes. A record of the search will be
retained by us, Mitek and the credit reference agencies. This has no effect on your credit score, and
lenders are unable to see this. For further details as to how your data will be used please see our
Privacy Notice which can be found on our website.

Please ensure you complete the Gift Confirmation form as this contains all of the information that we
need in order to that we can send you a link to Mitek, allowing you to complete the required checks.

Source of Funds Verification

It is a mandatory requirement that we assess the source and wealth of your funds being used for the
gift. We must obtain the relevant documentary evidence to comply with the anti-money laundering
legislation, particularly the Proceeds of Crime Act 2002, the Terrorism Act 2000 (each as amended)
and The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer)
Regulations 2017 (as amended).
We work with Armalytix, a third-party provider that we trust. We have partnered with them to ensure
that we obtain the necessary information from you in a swift and efficient way to enable us to review
whether you have satisfied all money laundering requirements. Armalytix is the safe and secure way
of sharing your financial information with us using open banking technology. Open banking
technology is regulated by the Financial Conduct Authority, and is designed by the banks. This
keeps your money and data safe whilst allowing us to obtain the necessary information we need
about your funds. This is by far the quickest way for you to complete this process. This will save you
considerable time and effort, as you will not have to collect bank statements manually.

To find out more about Armalytix, click here (https://armalytix.com/why-armalytix/users/)

We simply need your consent to provide Armalytix with just your name and email address, so
we can get this underway. You can provide your consent in the attached Gift Confirmation
Form. Please note that if you choose not to consent we will still require you to complete a
Source of Funds form and provide documentary evidence of your funds, which will delay the
transaction and incur additional fees for our client.

Please note that before exchange or completion can take place, we must be in receipt of satisfactory
ID checks, source of funds verification and, your consent as referred to above. We will also
undertake a bankruptcy search and should any entries be revealed for a person of the same name,
we may need to refer to you for further information before proceeding.

We trust that you will understand the necessity for us to undertake these mandatory checks before
we can proceed.

Please return your completed Gift Confirmation form by return email or post as soon as possible.

Yours sincerely,

Premier Property Lawyers Ltd


Gift Confirmation Form
1268573.00001
This form is to be completed and signed by the person providing the purchaser
with funds towards the purchase of their property. Please ensure that the
information is completed in full and is accurate as it will be relied upon by us
and our clients mortgage lender.

1 Purchaser’s Full name/s

2 Address of the Property being purchased

3 Amount of gift £

4 Is any part of the gift repayable? Yes No

If Yes, please confirm when it is repayable


4.1 and the amount of payments to be made
including any interest.

5 Your (the person making the gift) Full Name

6 Your Full Address

7 Your Relationship to the Purchaser

8 Your Email Address

9 Your Date of Birth

10 Your Mobile Number

Do you intend to occupy the property or


11 receive any part of the gift back at any point Yes No
in the future?
I/We confirm that that after examination of
my/our financial affairs I am/we are solvent
and able to pay my/our debts as they fall
12 Yes No
due and in no way is the gift (and nor was it
intended to be) a transaction to defeat the
payment of my/our creditors
I/We confirm that at the time of the gift the
value of my/our personal assets exceeded
13 the amount of my/our liabilities taking into Yes No
account my/our contingent and prospective
liabilities
I/we confirm that after having made the gift
I am/we are still able to pay my/our debts as
they fall due and the value of my/our
14 personal assets is still more that the Yes No
amount of my/our liabilities taking into
account my contingent and prospective
liabilities
I/We confirm that I/we have not received a
statutory demand as defined by section 268
15 of the Insolvency Act 1986, and at no time Yes No
has a Receiving Order in bankruptcy been
made against me/us
I/We confirm that I am/we are not aware of
any reason bankruptcy proceedings should
16 Yes No
be brought against me/us now or in the
future
I/We confirm that I/we will not have a
17 beneficial interest in the property and the Yes No
gift is not an Overriding Interest
I/We consent to my/our name, email
address, and the gift amount being
18 Yes No
provided to Armalytix Limited to assist in
the evaluation of my/our source of funds
I/We consent to my/our name, email
address, date of birth and telephone
19 Yes No
number being provided to Mitek to
undertake identification checks
I/ We consent to my/ our Customer Due
Diligence Records being retained for the
20 Yes No
lifetime of the conveyancing file which will
be no longer than fifteen years

Signed ....................................................................................
(by person(s) making gift)

Dated ....................................................................................

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