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Using an Agent for Verification of Identity

By-Law 7.1 permits a licensee to use an agent to verify the identity of an individual if:
  • Prior to the agent acting, the licensee and the agent enter into a written agreement,
  • The licensee obtains from the agent the information obtained under the agreement, and
  • The licensee is satisfied that the information is valid and current, and that the agent complied with the verification requirements.

For the purposes of the by-law, licensees may use an agent to verify the identity of an individual client, a parent/guardian of a minor client, a third party that the client is acting for or representing, or an individual authorized to instruct on behalf of an organizational client or third party.

The Law Society has prepared this sample letter agreement and attestation for licensees to use when they choose to retain an agent to verify the identity of an individual. While using an agent attestation is not required, it is a best practice. A completed agent attestation may provide the basis for the licensee being satisfied that the information obtained under the agreement is valid and current, and that the agent complied with the verification requirements.

If you choose to use the sample letter agreement and attestation, it should be modified to suit the circumstances of the matter or transaction. For example, this sample letter agreement and attestation are appropriate for the verification of a client who is over 15 years old.

Sample Letter Agreement with Agent: Verification of Identity (Individual) (with Appendix A – Sample Attestation) (.docx)

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Last updated: January 1, 2022
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