D-9.2, r. 2 - Regulation respecting firms, independent representatives and independent partnerships

Section 21.1 Disposition versions

2020-05-01

21.1. The client records that must be kept by firms, independent representatives or independent partnerships registered in the sector of mortgage brokerage in respect of each of their clients in the pursuit of their activities must include the following information:

(1)  the client’s name;

(2)  the client’s address, telephone number and facsimile number or electronic mail address, if any;

(3)  the name of the mortgage broker involved in the transaction;

(4)  the address of the immovable to which the transaction pertains or its cadastral description if there is no address;

(5)  the date on which their services were retained;

(6)  where a document evidencing a loan application is submitted to a mortgage lender through them, a copy of the document;

(7)  where a document evidencing the acceptance or refusal of a loan is received from a mortgage lender through them, a copy of the document;

(8)  the method of payment and date of payment of the services rendered, if applicable;

(9)  a copy of:

(a)  the receipt provided in accordance with section 28.2 of this Regulation or section 9.2 of the Regulation respecting the pursuit of activities as a representative (chapter D-9.2, r. 10), as applicable;

(b)  the documents delivered in accordance with sections 9.3 to 9.6 of the Regulation respecting the pursuit of activities as a representative, as applicable;

(c)  the document in which the information pertaining to the identification of the client’s needs and the client’s financial situation is recorded in accordance with section 9.7 of the Regulation respecting the pursuit of activities as a representative;

(d)  the document in which the identity of the borrower is recorded in accordance with the second paragraph of section 9.8 of the Regulation respecting the pursuit of activities as a representative;

(e)  the documents enabling the identification of the borrower, where the mortgage broker involved in the transaction was unable to meet the borrower in person;

(10)  for the withdrawal from the separate account of an amount deposited therein in accordance with paragraph 1 of section 10 of the Regulation respecting the registration of firms, representatives and independent partnerships (chapter D-9.2, r. 15) or paragraph 2 of section 4 of the Regulation respecting the pursuit of activities as a representative, a copy of the document evidencing an electronic transfer, the cheque, the other bill of exchange or the transfer slip used to make the withdrawal, and a copy of the cheque or the other bill of exchange cashed in, as the case may be.

All other information or documents concerning the services rendered to the client or obtained from him must also be inscribed on or filed in the client’s record.

M.O. 2020-02, s. 2.