Identification procedures for local residents (Forms C2(b) and BOC17) - on incorporation and upon change

Transcription

1 Identification procedures for local residents (Forms C2(b) and BOC17) - on incorporation and upon change Revised: 1 October 2018

2 Content Content 1 Introduction The Application... 3 Part A... 3 Part B The Application Form (C2(b) and BOC17) Suitable certification... 5 Revised 1 October 2018 Page 2 of 6

3 1 Introduction 1.1 To be able to discharge its function the Commission will need to obtain identification information in order to make a decision on whether to grant or refuse to grant consent to incorporate or permit change to beneficial ownership for local residents. 1.2 The Control of Borrowing (Jersey) Order 1958, as amended, C2(b) or BOC17 (local resident) application forms (each an Application Form and together the Application Forms) is a starting point for collecting such information. In most cases the information given within the Application Form, together with the Identification documentation, will be sufficient for the Commission s purpose; however, the Commission may in some cases request further information from applicants. 1.3 For the purpose of clarity, applicants must be aware that this policy applies both on incorporation and upon change in beneficial ownership where submission of a BOC17 is made by a Jersey local resident. Any reference to the incorporation process only should be read to apply to the BOC17 local resident submission process. 2 The Application 1.4 In order to incorporate a company by an individual who is/are Jersey resident(s) they must be seen face-to-face by a Registry officer and with the appropriate identification. In line with the requirements set out in the Money Laundering (Jersey) Order 2008 and section 4.3 of the Handbook for the Prevention and Detection of Money Laundering and the Financing of Terrorism for the Regulated Financial Services Businesses (AML/CFT Handbook), the Registry will require sight of one of the documents listed in both Part A and Part B below (original documents or copies certified by a suitable certifier only). Part A 1.5 One of the following documents: A full 10 year current passport A current Jersey driving licence. 1.6 Other official documents bearing a photograph of the person (such as a current national identity card) may be acceptable. 1.7 The name on the submitted identification documents will be checked against the Application Form and the photograph against the person presenting the application. If a passport is provided the details will also be checked against the Application Form. Part B 1.8 One of the following bearing the person s name and address (evidencing the ultimate beneficial owner(s) Jersey residential address) that has been issued within the last three months: Correspondence from a central or local government department or agency (e.g. States and/or Parish authorities) A letter of introduction confirming residential address from: A relevant person that is regulated by the Commission Page 3 of 6 Revised: 1 October 2018

4 A person carrying on a financial services business which is regulated and operates in a well-regulated country or territory A branch or subsidiary of a group headquartered in a well-regulated country or territory which apples group standards to subsidiaries and branches worldwide, and tests the application of, and compliance with, such standards An original Jersey utility bill e.g. electric, gas, oil, rates, telephone An original bank statement A tenancy contract or agreement. For the avoidance of doubt in respect of and 4.1.4, online printouts will not be acceptable. 1.9 On occasions, an individual may be unable to provide evidence of identity using the sources of evidence listed in 4.1. In such circumstances, other official documents containing the required details of the applicant may be acceptable The name and address will be checked against the Application Form. Please ensure that all names currently used as well as any former names (such as a maiden name or any names formerly used) are identified in the Application Form. All documents (or parts thereof) obtained as evidence of identity must be understood by a Registry officer and, consequently, an official translation may be requested A document used to comply with 4.1 must have been issued within three months of the date that the Application is made. 3 The Application Forms (C2(b) or BOC17) 1.12 Original documentation must be presented and will be photocopied or scanned to form part of the applicable Application Form. Copies of all documents will be held by the Registry The following information is also required and should be disclosed on the Application Form: A date of birth (note that a person must be over the age of majority to incorporate a company (18 + years) and not be an interdict (i.e. a person in respect of whom a curator has been appointed in pursuance of Article 43 of the Mental Health (Jersey) Law 1969, or a corresponding provision of the law of a place outside Jersey) Place of birth Nationality Gender Government issued personal identification number or other government issued unique identifier The Registrar of Companies should be advised if a person changes their name. A copy of the original document confirming the change will be required. Document examples could be: divorce papers, marriage licence or deed poll (original documents or copies certified by a suitable certifier (see below for further information as to suitable certification)) Once a person has incorporated a company the requirement to present identification documents in future is removed, provided the original documentation presented has not expired or changed. Revised 1 October 2018 Page 4 of 6

5 4 Suitable certification 1.16 Acceptable persons to certify evidence of identity may include: A member of the judiciary, a senior civil servant, or a serving police or customs officer An officer of an embassy, consulate or high commission of the country of issue of documentary evidence of identity An individual who is a member of a professional body that sets and enforces ethical standards An individual that is qualified to undertake certification services under authority of the Certification and International Trade Committee (in Jersey this service is available through the Jersey Chamber of Commerce) A director, officer, or manager of: (i) a person carrying on a financial services business which is regulated and operates in a well-regulated country or territory; or (ii) a branch or subsidiary of a group headquartered in a well-regulated country or territory which applies group standards to subsidiaries and branches worldwide, and tests the application of and compliance with such standards In determining whether a country or territory is well-regulated, a relevant person may have regard to: The development and standing of the country or territory s regulatory framework; and Recent independent assessments of its regulatory environment, such as those conducted and published by the International Monetary Fund Best efforts should be exercised to secure an adequate quality copy of photographic evidence of identity that is certified When certifying, it is recommended that the following form of confirmation wording is used for documents falling within Part A: I hereby certify that I have seen the original of this document and that this is a complete and accurate copy of that document (or extract of that document). I also certify that the photograph contained in this document bears a true likeness to the individual that has requested certification of this document When certifying, it is recommended that the following form of confirmation wording is used for documents falling within Part B: I certify that this is a true copy of the original and that this document contains information on the [identity and/or residential address]* of [insert name]. *delete where relevant 1.21 The certifier must then sign, date and provide their name, position or capacity, his/her address and telephone number or address at which he/she can be contacted Caution: Where a person is connected to a higher risk country or territory, based in a different country or territory to that of the applicant, or there is a reason to believe that certification may not be effective (i.e. the certifier is not identified as an acceptable person (with reference to the list above) or the person was not subject to professional rules providing for the integrity of the certifier s conduct (or equivalent)), the Registry shall take additional steps to validate the credentials of the certifier and this may include considering factors such as: The stature and track record of the certifier Page 5 of 6 Revised: 1 October 2018

6 Previous experience of accepting certifications from certifiers in that profession or country or territory The adequacy of the framework to counter money laundering and financing of terrorism in place in the country or territory in which the certifier is located The extent to which the framework applies to the certifier. Revised 1 October 2018 Page 6 of 6