How do you confirm a settlement agent or escrow company is licensed before you pay into their account?
In this article

    You confirm a settlement agent or escrow company is licensed by looking its exact legal name up in the licensing regulator's own database for the state or country it claims to operate in, reached by typing the regulator's name into a search engine yourself — never by clicking a link the company emailed you, which a fake escrow operation will happily send to a lookalike page of its own. A real license is a matter of public record, checkable by anyone in minutes; a fake one is designed to look exactly as convincing as a real one, right up until the moment you check it independently.

    Fake escrow and settlement companies are one of the most consistent and durable frauds in high-value private deals, precisely because the entire pitch of a legitimate settlement agent — "trust me to hold the money until both sides are satisfied" — is identical, word for word, to the pitch of a scammer impersonating one. The deal often looks completely normal right up until the funds are gone: a real negotiation, a real buyer and seller, and one party who suggested (or agreed to) a settlement company that turns out not to exist.

    What does it actually mean for an escrow or settlement company to be "licensed"?

    In the United States, escrow companies are regulated at the state level, most commonly by a state's department of financial institutions, department of business oversight, or insurance commissioner, depending on the state and the type of asset involved. A licensed escrow company has passed that state's requirements — bonding, trust-account rules, periodic audits — and appears in the regulator's public list of licensees. Real estate closing attorneys and title companies are typically licensed separately, through state bar associations or insurance regulators, rather than through the same channel as a standalone escrow company.

    Related readHow do you set spending limits and permissions on a shared company wallet?15 min

    This means the right place to check depends on what kind of professional you're dealing with: a dedicated online escrow service, a real estate title company, or an attorney running a trust account each have a different regulator, and "licensed" for one doesn't automatically mean licensed for the others. A company that only shows you a business registration (proof it's a legal entity) rather than a financial-services license (proof it's authorized to hold other people's money in trust) has shown you a much weaker form of legitimacy than the name suggests, and that gap is exactly where most fake escrow operations choose to sit.

    State-levelescrow companies in the US are licensed by individual states, not by a single federal regulator
    2 kinds of proofa business registration shows a company legally exists; a financial-services license shows it's authorized to hold client funds in trust — only the second matters here
    0the number of legitimate licensing confirmations that should come from a link the company itself sent you

    Based on standard US state escrow and trust-account licensing structures.

    How do you actually search a licensing database the right way?

    Open a new browser tab and search for the regulator yourself — "[state name] department of financial institutions escrow license lookup" or similar — rather than following any link provided in the deal correspondence, an email, or even a link on the company's own website if you reached that website through a link someone sent you. Once you're on the regulator's own site, search for the company's exact legal name, not just the brand name on its marketing materials, since a fraudulent operation will often borrow a real, similar-sounding name while registering under something slightly different.

    Confirm three things in the regulator's record: that the license is currently active (not expired, suspended, or revoked), that the license type matches what the company claims to do (an escrow license, not just a general business license), and that the address and contact details on file roughly match what the company has given you. If the regulator's database allows you to see the license's issue date and any history of disciplinary action, check both — a license issued very recently is not disqualifying on its own, but it's one more data point to weigh alongside everything else. A license that's real but was issued to a different company than the one asking for your money is itself a common impersonation tactic — the fraud borrows a legitimate company's name and license number while directing funds to its own account.

    Related readHow do you vet a new client before accepting their first high-value payment?14 min

    What are the warning signs that an "escrow company" isn't real?

    Signal What it usually means
    The company suggests itself, unprompted, especially late in a negotiation A classic entry point for a fake escrow operation inserted by one side of the deal or a third party
    Its website was registered very recently New sites are cheap and fast to build to impersonate a real service
    It asks for payment via wire to a personal account, gift cards, or crypto to a personal wallet A real escrow company holds funds in a dedicated trust account, never a personal one
    Pressure to move quickly "before the other party changes their mind" Urgency is used to short-circuit exactly the verification steps described here
    It can't be found, or appears with a different legal name, in the regulator's licensing database The company is either unlicensed or misrepresenting who it is
    Its only presence is the deal itself — no reviews, no history, no other deals it can point to A reasonable signal on its own, not disqualifying, but worth weighing with the others

    None of these alone proves fraud. Together, or even one combined with reluctance to be independently verified, is reason enough to walk away or insist on a different, independently chosen provider.

    Who should actually choose the settlement company in a deal?

    The safer pattern is for the party being asked to send money — the buyer, in most structures — to choose or independently approve the settlement company, rather than accepting whichever one the other side proposes. If a seller or their broker suggests a specific escrow provider, that can be entirely legitimate, but it's the moment to run the verification above before agreeing, not after money has moved. A company you found and vetted yourself, through its regulator's own listing, carries a very different level of assurance than one that arrived as a suggestion inside the deal.

    For a deal involving several parties and a broker or agent in the middle, it's worth asking who else has used this settlement company before, and actually contacting one or two of them directly rather than taking the broker's word for it. A settlement company with a real, multi-year track record will have other clients willing to confirm that — a company invented for one specific scam will not.

    How does verification change for an escrow company outside the United States?

    Outside the US, escrow and trust-account regulation varies widely by country, so the first step is identifying who regulates financial trust services where the company claims to be based — in the United Kingdom, for instance, solicitors holding client money are regulated through the Solicitors Regulation Authority, while standalone payment and e-money institutions fall under the Financial Conduct Authority. Many countries have no dedicated escrow-licensing regime at all, in which case a company claiming a formal "license" there may be relying on the absence of a clear regulator to make an unverifiable claim sound more official than it is.

    Related readHow payment finality protects the person getting paid16 min

    When a jurisdiction has no meaningful licensing body to check against, shift weight toward the structural signals: how long the company has operated, whether it's a subsidiary or affiliate of a company you can verify elsewhere, and whether the deal can instead be settled through a mechanism that doesn't require trusting an unregulated third party to hold funds at all. For a cross-border deal where the two parties are in different countries with different (or absent) escrow regulation, this is often the strongest argument for settling through a payment router rather than a traditional escrow arrangement — it sidesteps the question of which country's licensing regime, if any, actually applies.

    What should the actual escrow or trust account look like?

    A legitimate escrow or settlement company holds client funds in a dedicated trust or escrow account, separate from its own operating funds, and is required by its license to keep that separation auditable. Ask for the account's name as it will appear on your bank statement — it should reference the escrow company or a clearly labeled trust account, not an individual's name, a different business entirely, or a generic-sounding shell name. A request to wire funds to an account whose name doesn't match the escrow company you believe you're dealing with is one of the clearest and most actionable red flags available, and it costs nothing to ask for this detail before sending anything.

    For a crypto-denominated deal, the same principle applies in a different form: ask whether the "escrow" is actually holding funds in a wallet it controls (which reintroduces exactly the kind of custodial trust problem escrow is supposed to solve, with none of the licensing oversight) or whether the deal is structured so funds never sit with a third party at all. This is where the function of a true payment router differs from an impersonated or informal "escrow": on Shaka, funds route directly between the payer and the agreed recipients in one settlement, with no account anyone has to custody or that a fraudster could impersonate, because there's no holding step to impersonate in the first place.

    Related readHow the fake payment proof scam works17 min

    What does a real verification pass look like, start to finish?

    Verifying an escrow company before a six-figure dealA 20-minute check before wiring anything
    1. Get the exact legal nameAsk the company directly for its full legal name as licensed, not just its brand or marketing name, and for the state or jurisdiction it's licensed in.
    2. Search the regulator yourselfOpen a new browser tab and search for that state's licensing regulator independently — never through a link supplied by the company or anyone in the deal.
    3. Confirm the license is active and matches the companyCheck the license status, the license type, and that the company name and address on the regulator's record match what you were given.
    4. Call the regulator if a verification number is listedMany state regulators list a phone number specifically for license verification — use it rather than relying on the online listing alone for a large deal.
    5. Confirm the receiving account name matches the licensed entityBefore wiring anything, ask for the exact name on the account you'll be paying into, and confirm it matches the licensed company — not an individual, a different business, or a generic name.

    How does this play out when the check gets skipped?

    Call him Daniel, who was selling a share of a small business for $180,000 to a buyer he'd met through a broker. Late in the negotiation, the broker suggested using a specific escrow service to handle the closing — a company Daniel hadn't heard of, but the broker vouched for it, and the website looked professional, complete with a licensing badge displayed on its homepage. Daniel wired his share of the closing costs to the account the company provided, and the deal appeared to proceed normally for several days before the broker stopped responding and the escrow company's phone line went dead.

    The licensing badge on the website was an image, not a link to anything verifiable — and the company's name, when Daniel finally searched the actual state regulator's database after the fact, didn't appear at all under any license type. A five-minute independent search, done before the money moved rather than after, would have shown exactly that. The deal itself may well have been entirely real up to that point; the fabricated escrow company was the only fictional part, and it was also the only part holding the money.

    How does this differ for a deal entirely settled onchain rather than through a traditional escrow company?

    A deal that avoids a third-party holding account removes the specific fraud this piece addresses, because there's no escrow company to impersonate — but it introduces a different verification question, covered elsewhere on this blog: confirming the payment mechanism itself (the smart contract, the platform, the wallet address) is the real one and not a convincing copy. The core discipline carries over either way: verify the thing you're about to trust with your money independently, through a source the other side of the deal didn't hand you, before anything moves.

    Related readHow to audit and prove a payment happened19 min

    That discipline is worth the ten or fifteen minutes it takes almost every time, because the version of this scam that succeeds isn't usually more sophisticated than the version that fails — it's simply the one where nobody checked.

    Is it ever reasonable to skip the license check entirely?

    For a very small transaction, or one with a counterparty you already know well and have dealt with successfully before, the cost of a full licensing search may genuinely outweigh the risk — a $500 deal doesn't need the same scrutiny as a $500,000 one. The mistake isn't skipping verification on a low-stakes deal; it's applying that same relaxed standard to a large one simply because the deal felt smooth, the other party seemed credible, or a trusted broker made the introduction. Trust in the people doesn't transfer to trust in the company they recommend, and the size of the deal — not the comfort level of the conversation — should set how much verification it gets.

    A useful habit is to decide your verification threshold before you're in the deal, the same way you'd decide in advance how much you're willing to lose on a single bet: below a certain amount, a quick sanity check; above it, the full licensing search, a call to the regulator, and confirmation that the receiving account name matches. Deciding this in advance matters because the pressure to skip the check tends to show up exactly when the deal is moving fast and the amount is largest — which is also when skipping it costs the most, and also when a legitimate counterparty has the least reason to object to you taking the extra fifteen minutes.

    Kooky
    Written by
    Kooky

    25+ years shipping on the web, onchain since Bitcoin's early days. Kooky built Shaka so that everyone who closes a deal together gets paid together, the day it closes.

    The story behind Shaka