Division II · Examination protocol
How a foreign counterparty is examined, stage by stage.
The protocol below is applied to every instruction without variation as to order. The level retained determines depth, not sequence, and no finding is recorded before the stages preceding it are complete on the file.
Stages
Eight stages from instruction to release
- 01
Letter of instruction
The Canadian party identifies itself, names the subject entity and its jurisdiction, states the dealing contemplated and the level retained, and confirms that Rutalien acts for it alone. The office records the instruction, opens a file number and confirms that no conflict exists on the register.
- 02
Documentary schedule served on the subject
The subject entity is served with a schedule of instruments to produce: constitutive documents and current certificate of status, register extract of directors and shareholders, ownership chart certified by an officer, financial statements for the last two to three fiscal periods, tax registration, banking reference, evidence of premises, sectoral licences, and identification of directors and controlling persons. Instruments not in English or French must be accompanied by a certified translation; instruments executed abroad must be notarised and, where the jurisdiction requires it, authenticated or apostilled.
- 03
Independent corroboration
Nothing produced by the subject is accepted on its own authority. Registry particulars are drawn directly from the register of the jurisdiction of incorporation. Banking and trade references are confirmed with the issuing institution or counterparty rather than from the copy supplied. Premises are confirmed by an instructed local agent where the level retained provides for site attendance.
- 04
Screening and adverse record research
The entity, its parents, its directors and its traced controlling persons are screened against the Consolidated Canadian Autonomous Sanctions List, United Nations Security Council listings, principal allied measures, debarment and disqualification registers, insolvency registers, court dockets and politically-exposed-person sources, together with media research conducted in the local language of the subject.
- 05
Consistency and substance testing
The record is tested against itself. Declared turnover is measured against filed statements and payroll; declared premises against lease and utility evidence; declared activity against licensing and customs history; ownership chart against the register. Discrepancies are put to the subject in writing and its answer is recorded on the file whether or not it resolves the point.
- 06
Determination
The examining officer records one of four findings — cleared for introduction, cleared subject to conditions, not established, or adverse. A file disclosing a sanctions listing, an undisclosed controlling person, a falsified instrument or a materially inconsistent record is referred to the Review Committee before any finding issues.
- 07
Release of findings
The instructing party receives a serialised written opinion setting out the heads examined, the sources relied upon, the limitations encountered, the finding and any conditions. Where the finding is favourable, and only then, Rutalien passes the subject's particulars to the Canadian party and the parties may proceed to their own contracting. Where it is adverse, the file closes here and no introduction is made.
- 08
Continuing obligation and re-examination
An opinion speaks as at its date. Where the instructing party retains continuing monitoring, the subject is re-screened at agreed intervals and the instructing party is notified in writing of any new listing, insolvency filing, change of control or adverse enforcement record. Absent such a retainer, no monitoring is undertaken and no further notice is owed.
Standards of conduct
The undertakings this office gives about how it enquires.
One master at a time
Rutalien does not act for the subject entity and for the instructing party in the same matter, and takes no commission, finder's fee or equity from the subject. Fees are payable by the instructing party only and never depend upon the finding recorded.
Lawful means only
Enquiries are conducted from public registers, records lawfully obtainable, and information volunteered by the subject or by referees who consent. This office does not obtain personal or financial information by deception, does not pay public officials, and does not instruct any agent to do so.
The subject is told what is held
The subject entity is informed at the outset of the purpose of the examination and of the identity of the instructing party unless disclosure would defeat a lawful enquiry. Personal information of directors and officers is collected only to the extent required for the heads of examination and is handled under the published privacy terms.
Findings are not published
An opinion is released to the instructing party and to no one else, save on lawful demand of a competent authority. Verification at /verify confirms only that a serial corresponds to an opinion issued by this office and its status; it discloses no findings.
Instructing this office
Name the subject entity and the dealing contemplated.
Enquiries are received through the enquiry register or in writing to the Authorization Office at compliance@rutalien.com. A letter of instruction and fee quotation issue within two business days of a complete enquiry.