Proof of identity, details of beneficial owners and clarification of PEP status

Transcription

1 Proof of identity, details of beneficial owners and clarification of PEP status Partnerships and legal entities Customer: Please complete, sign and return by post to: Alphabet Fuhrparkmanagement GmbH, Georg-Brauchle-Ring 50, Munich (Please provide corporate name in full) Proof of identity By virtue of Section 3, Paragraph 1, No. 1, Section 4, Paragraph 1 and Section 4, Paragraph 3, No. 2 GwG (German Money Laundering Act), the following data is always to be ascertained by the Lessor regarding a contractual partner/lessee who is a legal entity/partnership before a business relationship is entered into. The Lessee is legally obliged to provide and update their details in accordance with Section 4, Paragraph 6 GwG. Business partner number: Company (name or designation): Legal form: Register number (if known): Address of registered office or headquarters: Members of the representative body/legal representatives If a member of the representative body or one of the legal representatives is a legal entity, their company name or designation, its legal form, register number (if known) and the address of the registered office or headquarters are to be recorded. Details of beneficial owners The Lessor is legally obliged, in accordance with Section 3, Paragraph 1, No. 3 GwG in conjunction with Section 4, Paragraphs 1 and 5 GwG, to collect data about the beneficial owner and document these in writing. The Lessee is legally obliged to provide and update their details in accordance with Section 4, Paragraph 6 GwG. Definition of beneficial owner (bo) The beneficial owner in the sense of this legislation is/are the natural persons who own or control the contractual partner or the natural persons on whose behalf a transaction is ultimately carried out or a business relationship is ultimately established. For more information about the term "beneficial owner" and its use by Alphabet Fuhrparkmanagement GmbH, please see the information sheet attached to this letter. Clarification of the contractual partner's PEP status The Lessor is also obliged, in accordance with Section 6, Paragraph 2, No. 1 GwG, to clarify the PEP status of his/her contractual partners or their beneficial owners. Furthermore, in accordance with Section 6, Paragraph 2, No. 1 GwG, the contractual partner shall make the necessary information in this regard available to the Lessor and promptly indicate any changes that occur during the course of the business relationship. Definition of politically exposed person (PEP) A PEP in the sense of Section 6, Paragraph 2, No. 1 GwG is a natural person who exercises or has exercised a prominent public function, or is an immediate family member or person known to be a close associate of such a person. As a rule, public functions below the national level are not considered as prominent unless their political significance is comparable with similar positions at the national level. Please tick all boxes that apply (only one option possible) Details of the beneficial owner need not be provided because the company is a credit or financial institution in the sense of Section 5, Paragraph 2, No. 1 GwG the company is listed in accordance with Section 5, Paragraph 2, No. 2 GwG and Section 2, Paragraph 5 of the Securities Trading Act (WpHG) on an organised market in which Community law defines transparency requirements with respect to voting rights or equivalent international standards apply the company is a public authority in accordance with Section 5, Paragraph 2, No. 4 GwG The contractual partner has no beneficial owner The contractual partner has at least one beneficial owner with PEP status in the sense of Section 6, Paragraph 2, No. 1 GwG Please enter their details on the following page. The contractual partner has at least one beneficial owner, but none of them hold PEP status in the sense of Section 6, Paragraph 2, No. 1 GwG Please enter their details on the following page. 1 / 5

2 Please complete, sign and return by post to: Alphabet Fuhrparkmanagement GmbH, Georg-Brauchle-Ring 50, Munich Beneficial owners* Name of authorised representative/signatory in block capitals Endorsement I hereby confirm that I have carefully reviewed all information relating to the identification of the contractual partner as requested and compared said information to the documents provided by the contractual partner for the purposes of proof of identity. This also includes information relating to any beneficial owners and the declaration of any PEP status. All details required in accordance with Section 4 GwG are clearly legible in the documents provided for the purposes of proof of identity. To be completed by an employee of the Alphabet sales partner: PEP status: Yes No PEP status: Yes No Place of administration: In Germany Abroad Place of administration: In Germany Abroad PEP status: Yes No PEP status: Yes No Place of administration: In Germany Abroad Place of administration: In Germany Abroad PEP status: Yes No Place of administration: In Germany Abroad Place, date Company name and stamp Signature of authorised representative/signatory Place, date Name of Alphabet sales partner with company stamp Business partner number (if available) Employee name (in block capitals) Employee signature To be completed by an Alphabet employee: Place, date Employee name (in block capitals) Employee signature Attachments The proof of identity document provided for the purposes of identifying the customer must have been issued within the last three months and a clearly legible copy of the document must be attached to this form. In order for the customer to be identified by an Alphabet sales partner, a clearly legible copy of the ID card of the person on site who is an authorised signatory for the customer must be taken and attached to the proof of identity documents. Furthermore, the following information from the copy of the ID card must be recorded below: 1. Type of proof of identity document: ID card Passport Other 2. ID number: 3. Name of issuing authority: 4. Valid until: 5. Signature authorisation available according to Register excerpt Power of attorney (document attached to application) *If the contractual partner has any further beneficial owners, you must provide their details on a supplementary sheet of your own. 2 / 5

3 Information sheet on establishing the beneficial owner and clarifying PEP status Introduction As a financial services institution, Alphabet Fuhrparkmanagement GmbH is an obliged entity bound by the German Money Laundering Act (GwG). This means that Alphabet Fuhrparkmanagement GmbH is obliged by law to implement the due diligence obligations specified in German Money Laundering Act and to ensure compliance with these. One fundamental obligation in this regard is the establishment of the beneficial owner (bo) as part of the identification process in accordance with Section 3, Paragraph 1, No. 3 GwG in conjunction with Section 4, Paragraph 3, No. 2 GwG. In this context, it is equally important to clarify whether a contractual partner or his/her beneficial owner is a so-called politically exposed person (PEP) in accordance with Section 6, Paragraph 2, No. 1 GwG. Beneficial owner (bo) A natural person who, according to Section 1, Paragraph 6 GwG, Directly or indirectly controls or owns the contractual partner, or On whose behalf a transaction is ultimately carried out or a business relationship is ultimately established, or Who is a main beneficiary of a third-party organisation It is irrevocably assumed that companies are controlled in the event of direct or indirect control of more than 25% of ownership/voting rights. Deviating from this, the percentage of ownership/voting rights is lowered to at least 20% for a GbR (partnership under civil law). You must also establish the last possible participation level before the natural person. This information must be provided by the contractual partner. Establishing the beneficial owner Principles Differentiation is made between a direct participation and multi-level participation structures. In the event of direct participation, a natural person is a beneficial owner if, for example, he/she holds more than 25% of the shares of a GmbH (limited-liability company). A multi-level participation structure is involved if at least one legal entity holds the specified shares in the contractual partner (company). In this case, you must expand the process for establishing the beneficial owner to the next level. As of the second participation level, you should be targeting ownership/voting rights of at least 50%. Example 1 You trade under the name. A: 33.3%, B: 33.3%, C-GmbH: 33.3%. Shares in C-GmbH are distributed as follows: D: 30%, E: 70%. in as follows: 33.3% C-GmbH 33.3% 33.3% D* E* 30% 70% *Natural person Your beneficial owners are: A, B and E. A and B are both beneficial owners, as they exceed the 25% threshold of the presumption rule for direct participations. In terms of C-GmbH, it depends on the voting rights/distribution of shares amongst the shareholders of C-GmbH: D is not a beneficial owner, as 30% is basically not enough to control C-GmbH. E is a beneficial owner, as its 70% share in C-GmbH gives E control over the latter. 3 / 5

4 Example 2 You trade under the name. A: 20%, B: 20%, C: 20%, D: 20%, E: 14%, F-GmbH: 6%. Shares in F-GmbH are distributed as follows: A: 90%, X: 10% in as follows: 20% 20% C* 20% D* 20% E* 14% F-GmbH 6% in F-GmbH as follows: X* 90% 10% Your beneficial owner is: A. 6% of the shares are controlled indirectly by F-GmbH, which is controlled by A, and these are therefore to be attributed to A, A controls another 20% itself directly, so this adds up to 26% (threshold exceeded). Example 3 You trade under the name. A: 20%, B: 20% C-GmbH: 60%. Shares in C-GmbH belong 100% to the German D-AG listed on the regulated market. in as follows: 20% C-GmbH 20% 60% in C-GmbH as follows: D-AG 100% *Natural person There is no beneficial owner. A and B fall below the threshold. D controls C-GmbH and therefore indirectly controls. However, there is no clarification obligation for the listed D-AG. No further clarification of the beneficial owner is therefore required above and beyond the recording of the participation structures determined thus far. Example 4 You trade under the name & Co. KG. A: 100% of shares in the general partner GmbH. B: 80% of capital in & Co. KG. General partner GmbH: 20% of capital in & Co. KG. & Co. KG Share in general partner GmbH 100% Limited partner General partner GmbH 80% 20% *Natural person Your beneficial owner is: B. From a money laundering law point of view, when directly considering & Co. KG, you should focus on shareholder positions (general/limited partner) as well as share distribution (i.e. on the participation structure). B is therefore to be classified as a beneficial owner on the grounds of its capital participation, while control of the general partner GmbH should be considered separately. Alongside share structure (ownership) the term beneficial owner also covers the control and instigation aspects. In the case of a KG und GmbH & Co. KG as a "special form" under company law with various shareholders, it is therefore possible for the general partner to exert control through its dominant position as a personally liable partner under company law and should therefore be recorded as possible risk-based. A may therefore also be a beneficial owner. 4 / 5

5 Politically exposed person (PEP) The statutory legislation on PEP is part of the so-called "enhanced due diligence" requirements of Section 6 GwG. The term PEP is discussed in concrete terms in Section 6, Paragraph 2, No. 1 GwG. According to this, a PEP is a natural person who exercises or has exercised a prominent public function, or is an immediate family member or person known to be a close associate of such a person. The beneficial owner(s) also needs to be checked, as well as the contract partner. Public function A public function is only relevant in this context if it is a function at national level or of similar significance. PEP status is assumed for the following functions: Heads of State, heads of government, ministers and deputy or assistant ministers Members of parliaments Members of supreme courts or high-level judicial bodies Ambassadors, chargés d'affaires and high-ranking officers in the armed forces Members of the administrative, management or supervisory bodies of State-owned enterprises Regional functions are also relevant if a state is a federation. This also applies to the Federal Republic of Germany, meaning that the Minister-Presidents as the heads of the state governments are to be considered PEP in the sense of GwG. This regulation does not generally include those exercising functions at a local government level (district administrator, mayor, district councils etc.) Location where an office is exercised and procedure It is vital to determine where the office is exercised so that you can proceed. There are two alternatives: 1. Function exercised abroad If a PEP in the sense of GwG exercises his/her function abroad, you should implement the following measures: a) The establishment of the business relationship must be approved by Alphabet Fuhrparkmanagement GmbH. b) You must take appropriate measures to determine the origins of their assets. c) The entire business relationship must be subjected to enhanced continuous monitoring. 2. Function exercised in Germany If a PEP in the sense of GwG exercises his/her function in Germany or as a member of the European Parliament elected in Germany, the general due diligence requirements of Section 3 GwG shall apply initially. If you only discover the PEP status of the contractual partner once a contract has been concluded, you must seek approval for the continuation of the business relationship. Immediate family members and known close associates Immediate family members and persons known to be close associates of a person who exercises a prominent public function are also classified as PEP. The following are considered to be immediate family members: The spouse Any partner considered by national law as equivalent to the spouse The children and their spouses or partners The parents The siblings Known close associates are considered to be any natural person who Maintains a close business relationship with a person with PEP status Is a joint beneficial owner of a legal entity together with a person with PEP status, and Has sole beneficial ownership of a legal entity that was set up for the benefit of the person with PEP status Duration of status as a politically exposed person (PEP) In general, this status for politically exposed persons, their immediate family members and persons known to be close associates of said person shall lapse one year after the relevant person gives up their qualifying function. 5 / 5