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Money Laundering Regulations
2007
How we are affected
On 15 December 2007 the Government introduced
the new Money Laundering Regulations 2007. This new legislation
made significant changes to the existing regulations, and most importantly
includes all organisations carrying on business as “Trust
and Company Service Providers”. More specifically this includes
any business involved in the formation of new limited companies
or the provision of various corporate services.
Consequently, all UK company registration agents
are now subject to the Money Laundering Regulations 2007 and supervised
directly in these matters by HM Revenue & Customs. We are therefore
obliged under the Regulations to carry out appropriate due diligence
and identification checks on any customer with whom we establish
an on-going business relationship, which means that in some cases
we will be required by law to obtain proof of identity from clients
in respect of various services that we provide.
In simple terms, this applies to any client
ordering one or more of our standard annual services such as CompanyView
Managed Compliance, Corporate Secretary, Registered Office, Mail
Forwarding or Nominee Shareholders. Whilst the formation of a limited
company without the addition of any of these services does not in
itself constitute a requirement to carry out due diligence, we reserve
the right to ask any client for proof of identity in compliance
with the Regulations if we have any cause to do so. This may apply
where directors or shareholders of a company for whom we are asked
to provide services are resident outside the EU or are foreign nationals.
We will advise immediately upon receiving your order if we need
any further information from you. Our ordering system will in fact
automatically recognise most circumstances where identification
is required and you will be given instructions accordingly.
Who we need to identify
We must identify the following individuals:
- All persons named as directors
- All persons holding 25% or more of the voting
shares
- The person placing the order (if not named
as a director or shareholder)
- If any director or shareholder is a
corporate entity we will need to apply the same procedure to each
entity in order to identify the controlling individuals
What we need from you
Where we have ascertained that we need to carry
out due diligence measures to identify those connected with a company,
we will need you to provide the following documentation which must
be submitted to us within 30 days from the date of your order. Documentation
is required in respect of each individual as defined above:
- A copy of a valid passport or other official
photographic proof of identity such as UK driving licence or national
identity card
- A copy of a bank or credit card statement
no more than three months old showing the full name and address,
and NOT printed from the Internet
Important Notes:
- All copies MUST BE CERTIFIED as true copies
of originals, and we must have hard copy documents showing the
original certifying signature. We cannot accept faxed or scanned
documents. Certification must be carried out by a professional
person such as a solicitor, notary, post office official or general
medical practitioner who is not already a friend or relative of
the individual concerned. Copies should be in black and white,
must be clear and legible, and certifying signatures should be
accompanied by a clear print of the name and address of the person
certifying, preferably with a stamp impression of the organisation
they are acting for. Please do not send original documents and
DO NOT make colour copies of passports.
- In most circumstances, the incorporation
of companies and delivery of services will not be delayed. However,
we reserve the right to place orders on hold prior to receipt
of identifying documents where we feel there is a need to do so
in order to comply with the Regulations. This may apply particularly
if clients are resident outside the European Union.
- In all cases, we are obliged under the provisions
of the Money Laundering Regulations to cease any business relationship
if we cannot complete due diligence measures or there is an unacceptable
delay in receiving documentation. Please ensure you deliver the
necessary documentation to us within the 30 days specified to
ensure continuation of your services.
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