Private investigation and verification of realtors

[Андрей Захаров]

When collecting information, especially with regard to checking the reliability of potential partners of the customer, preparing various transactions, one sometimes has to deal with the question of whether the object of verification does not allow any violations of applicable law. To answer this question, of course, it is necessary to know this legislation itself in order to “orient in the issue”, so to speak .... In this small publication we want to pay attention to one of the possible violations of the rule of law, which, in principle, can be committed by people intermediary activities in the implementation of real estate transactions .... As it has been commonly said recently, by realtors .... At the same time, we draw attention to the fact that it is possible to identify possible signs of a violation by realtors simply using open public resources of the Internet ... .
Let us pay attention to the following circumstance .... In accordance with the rules of law, in particular, Decree of the Government of the Russian Federation dated January 27, 2014 No. 58, there is the approved “REGULATION FOR ACCOUNTING IN THE FEDERAL SERVICE FOR FINANCIAL MONITORING OF ORGANIZATIONS CARRYING OUT OPERATIONS WITH MONEY OR OTHER PROPERTY, AND INDIVIDUAL ENTREPRENEURS IN THE FIELD OF ACTIVITY OF WHICH ARE NOT SUPPLIED BY SUPERVISORY BODIES. ”In accordance with this Regulation, registration of real estate transactions involving individual entrepreneurs is carried out by the FSFM in the process of registering with the FSFM territorial authority. e organizations and individual entrepreneurs whose registration documents indicate OKEVD code 70.31.1 - Provision of intermediary services for the sale and rental of both residential and non-residential real estate that actually carry out this type of business as a permitted type of entrepreneurial activity activity.
In accordance with Federal Law of 07.08.2001 N 115-ФЗ (as amended on 12/30/2015) "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism" (as amended and supplemented, entered into force from March 29, 2016) the above organizations and individual entrepreneurs are required not only to register with the FSFM, but also, in accordance with part 2 of article 7 of this Law, are required to prevent the legalization (laundering) of proceeds from crime and the financing of terrorism develop internal control rules, appoint special officials responsible for the implementation of internal control rules, and take other internal organizational measures for these purposes.
However, as practice shows, not all organizations and not all individual entrepreneurs comply with these requirements of current legislation. In connection with this circumstance, an organization or an individual entrepreneur may be held administratively liable under Part 1 of Article 15.27 of the Code of Administrative Offenses of the Russian Federation, which provides for administrative responsibility for non-compliance with the legislation regarding organization and (or) internal control, which did not result in the failure to provide information on transactions subject to mandatory control, or about operations in respect of which employees of an organization engaged in operations with cash or other property have suspicions that they are carried out with the aim of legalizing (laundering) criminally obtained income or financing of terrorism, as well as entailing the submission of the aforementioned information to the authorized body in violation of the established procedure and terms, with the exception of cases provided for in parts 1.1, 2 - 4 of this article as part of the failure to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime, and the financing of terrorism. For this violation, administrative liability is provided in the form of a warning or an administrative fine on officials in the amount of ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.
Based on the foregoing, we can conclude that all the above organizations and individual entrepreneurs engaged in the provision of intermediary services in the implementation of real estate purchase and sale transactions must first be registered with the FSFM, and secondly, develop internal control rules , appoint special officials responsible for the implementation of the internal control rules, as well as take other internal organizational measures for these purposes.
However, as practice shows, a sufficiently large number of persons engaged in this type of entrepreneurial activity ignore these requirements of the current legislation, thereby violating the Law.
It is quite easy to identify signs of a possible violation of these norms of the Law by these entrepreneurs using the resource of the Rosfinmonitoring official website at https://fedsfm.ru in the subsection "Organizations and individual entrepreneurs registered", the section "Organizations", indicating in the search bar as the identification data the TIN of the organization or individual entrepreneur. If the audited entrepreneur or organization is not registered, it is more likely that this organization or entrepreneur does not take any measures to comply with the above norms of current legislation, thereby allowing a violation of Article 15.27 of the Code of Administrative Offenses of the Russian Federation.
The information obtained in this way about possible violations of the current legislation by the inspected object can be used in drawing up a report to a potential customer of a private detective's services when collecting information necessary for concluding any transactions or checking the integrity of a potential partner.

 

[Матушкин Андрей Николаевич]

Thank!

 

[Детектив-Молдова]

Andrey, thanks!
Well done!

 

[Плотников Юрий Михайлович]

Andrey, thanks!