Foley Auctioneers Agency Terms & Conditions


1. Data Protection Notice


Foley Auctioneers takes its obligations under the Data Protection Acts 1988 and 2003 very seriously.
This notice describes the uses which Foley Auctioneers may make of the data which you provide to us.

The only information about you which will be held by Foley Auctioneers is information which you yourself provide us. For example, you provide us with your details in order that we may deal with an enquiry from you in relation to a property which we are selling. Alternatively, you may provide us with your details In order that we may carry out a valuation for you and/or provide you with information about our house selling services.

Personal data relating to you that we may hold includes your Name address, phone number and email address. This information will only be used for the purpose for which you provided it to us. The information may be held on the Foley Auctioneers computer systems to which all members of the Group (including branches and franchises) have access. Your details will not be passed to any third parties unless you specifically authorise us to do so.


2. Anti Money Laundering Regulations


In accordance with the provisions of the Criminal Justice Act 1994 and money Laundering and Terrorist Financing 2010 Acts, Foley Auctioneers must obtain proof of identification on all clients at the outset of our business relationship.

2.1 We are however exempt from obtaining the specified 

Identification documentation in the following cases:

2.1.1 When our client is a designated body (a credit or financial institution a company listed in the Registered Market in the Eu or a public/government body)
2.1.2 When it is a once off transaction with a transactional value of less than €15,000.00.
2.1.3 When we have in place a Third Party Reliance Agreement for our Client.

2.2 Original identification documents must be sighted and copied by Foley Auctioneers staff, when this is not possible then the identification documents must be certified Certification can be carried out by a solicitor, Embassy staff, accountant or Garda. The certifying person should stamp the document if possible or print .
Clearly the name and status. This identification documents required are listed below.

2.2.1 Individual Customer

Clients must provide two identification documents, both must be current and one must be photographic (proof of identity) and one none photographic (proof of current address). For the photographic id the document must be current and in date. For non –photographic the document must have been issued within the last six months. Accepted documents are listed below:

1) Proof of identity - Must be photographic
Current valid a passport or drivers licence
-Or-
A current identity form certified by An Garda Siochana, or a current national identity card, Social Welfare Card, GNIB or National Age Card
and

2) Proof of current Address: (this is the address you are living at and not the property you are selling)
Any one of the following:

  • Utility Bill or
  • A bank or building society statement or
  • Mortgage statement or
  • Household/Motor insurance documents or
  • Social insurance document or
  • Social welfare documents


2.2.2 Partnership and unincorporated Businesses
A client must provide as a minimum a copy of The Partnership Agreement or the Certificate  of Trade. We may also request the following in relation to one partner and one signatory.
Allowable documents are as follows:

1) Proof of identity –Must be photographic
Current valid a passport or drivers licence
-or-
A current identity form certified by An Garda Siochana, or a current national identity card, Social Welfare Card, GNIB or National Age Card
and
2) Proof of current address: (this is the address) you are living at and not the property you are selling)
Any one of the following

  • Utility bill or
  • A bank or building society statement or
  • Mortgage statement or
  • Household/Motor insurance documents

or

  • Social insurance document or
  • Social Welfare documents


2.2.3 Corporate Bodies
If you are trading as a Public Company or a subsidiary then you must provide the following documents:

  • Memorandum and articles of association of  Incorporated entities.

We may also request the following documents:

  • Names if the company directors and from this verify the identity of one director and one signature using the documents outlined above under the heading individual Customers.


2.2.4 Trusts, Foundations etc
A Client must provide at a minimum a copy of the trust deed. We may also request documents that contain the following information:

  • Full name of the trust
  • Nature and purpose of the trust
  • Country of establishment
  • Names of all trustees and
  • Name and address of any protector or controller or settler.

We may also verify the identity of one trustee and one signatory, in accordance with the procedures outlined for individuals above.

2.2.5 Charities (both registered and unregistered)
Dependent on the legal form of the charity the client must provide the relevant Anti Money Laundering documentation under the relevant heading listed above. For example, if you’re Charity is an incorporated body that you should follow the requirements under “Corporate Bodies” section above etc.

2.2.6 Non Resident Politically Exposed Person
If you are living outside of Ireland, and if you or
a close associate or family member hold or have held
One of the positions detailed below within the past year, and then you are required to complete a “Non Resident Form” as well as providing the relevant identification documents listed for individuals above.
The relevant positions are:

A holder of a prominent position in the Eu or international body such as the UN, World Bank or IMF. A head of state or government, are a government minister, deputy or assistant minister. A member of parliament, a supreme or constitutional court or other high level judicial body whose decision are not subject to further appeal. A member of a court of auditors or the board of a central bank. An Ambassador, charge d’affairs or high –ranking officer in the armed forces or an Official in an institution of the European Communities or international body.