Guidance on Identity and Address Verification. for Hong Kong Introducers

Transcription

1 Guidance on Identity and Address Verification for Hong Kong Introducers Verification of identity and address For Advisers Only. Not for use with customers Friends Provident International Limited ( FPIL ) has a legal obligation to verify the identity and residential address of each person/entity who will apply for one of FPIL s products. There are good reasons for doing this. Criminals and terrorists often try to launder money by using false or stolen identities in order to open accounts or place investments with financial institutions such as Friends Provident International Limited. By providing the information and documents requested, you are not only helping FPIL to comply with stringent money laundering legislation, but you are helping to protect your clients identity. The verification requirement is not limited to new applicants but also to existing clients upon changes to current circumstances. Verify the identity of each Applicant Individual Business Residency Status Type of Required Document Hong Kong permanent residents Hong Kong Identity Card Hong Kong non-permanent residents A valid travel document, or Hong Kong Identity Card plus a relevant national identity card bearing the individual s photograph Non Hong Kong residents physically present in A valid travel document Hong Kong for identity verification Non Hong Kong residents not physically A valid travel document, or present in Hong Kong for identity verification A relevant national identity card bearing the individual s photograph HK AML Page 1 Hong Kong

2 Corporate Business Public Registered Companies: Corporate Applicants that are quoted on a Recognised Stock Exchange are considered to be publicly owned and generally accountable. Certified copy of the Certificate of Incorporation (or equivalent document) List of all directors (including full name, residential address and date of birth of each director) Where possible latest annual report and accounts Confirmation that the company has not been, or in the process of being dissolved, struck off, wound up or terminated Certified signature list and signing powers and verification that the named are properly able to act on behalf of the company Corporate Applicants: Certified copy of the Certificate of Incorporation Business registration certificate Memorandum and articles of association A list of all directors and certified identity and verification of address for an executive director and the managing director (including full name, residential address and date of birth of each directors) A list of all shareholders and certified identity and verification of address for those holding 25% (10% for high risk circumstances) or more of the shares (including full name, residential address and date of birth for all shareholders) A set of the latest annual report and accounts Confirmation that the company has not been, or is not in the process of being dissolved, struck off, wound up or terminated Resolution of the board of directors to enter into insurance contracts Certified identity and verification of address for all signatories authorised to sign the insurance contracts Search of the file at the Companies Registry dated within 6 months Evidence of the registered office address Confirmation of the trading address if different from the registered office address For overseas corporate applicants (in addition to the above): A search of the equivalent company registry has to be within 6 months A certified copy of the certificate of incumbency or equivalent issued by the company's registered agent that is dated within 6 months Partnerships / Unincorporated Business: HK AML Page 2

3 Details of the nature of the partnership/business Evidence of the trading address of the partnership/business, and, if this is not the address on the application, we must receive evidence that the applicant is resident at this address and the reasons for the address being used A set of the latest annual report and accounts (if available) A list of all controllers and partners, and verification of the identity and address of at least two (and full name, residential address and date of birth of each) Authorised signatory list Verification of the identity and address of all persons with a beneficial interest of 10% or more of the partnership/business as at the date of application (including full name, residential address and date of birth of all persons with a shareholding) For partnership arrangement, a mandate from the partnership authorizing the opening of an account and conferring authority on those who will operate it. Trust Applicants: Identification of the trustees (either corporate or personal) Evidence of the Appointment of the Trustees The nature and purpose of the trust Date of establishment / settlement The jurisdiction whose laws govern the arrangement, as set out in the trust instrument Identification number or registration number (if any) granted by any applicable official bodies (e.g. tax identification umber or registered charity or non-profit organization number) The source or origin of the assets under the trust A list of authorised signatories and certified identity and verification of address for all signatories Certified identity and verification of address of the settlor. If this is not obtainable, a declaration from the trustees confirming the link with the settlor is acceptable. If the settlor is deceased then the date of death is required. Certified identity and verification of address of any other person exercising control of the trust e.g. protector, beneficial owner. A list of beneficiaries - either by class or by name. Contingent beneficiaries must also be included. The details of the beneficiaries should include:- - Full name - Date of birth - Residential address These documents must be certified. HK AML Page 3

4 Verify the address of each Applicant (applicable to Individual Business) We will also require an original or certified copy of a document, to verify each Applicant s residential address. A list of the documents that are acceptable for this purpose is provided below. The document must be issued in the name of the applicant and show the residential address that appears on the application form. In all cases the documents seen should be the most recent available, and not older than three months of the date the application is made to FPIL, unless the document used to verify address is only issued on an annual basis. Utility Bill (gas, electricity, water, landline telephone connection), Rates Invoice A certified copy of a mobile phone or pay TV statement issued by Hong Kong providers (sent to the address of the customer) An entry in a local telephone directory An extract from the official register of electors A current driving licence with photograph MPF statement or other government produced document showing benefit entitlements A tax assessment document An account statement from a bank Note: Statements of credit cards and non-bank cards, such as store cards are not acceptable. A proof of ownership of the residential address A certified copy of a tenancy agreement for a Hong Kong resident that has been stamped by the Inland Revenue. Proof of payment for a PO Box service (which must show the residential address), where the PO Box shown is also the correspondence address of the applicant A mortgage statement A letter from the employer of the applicant confirming the applicant s position within the company and their residential address. Where the applicant has accompanied a partner or spouse on a work assignment or contract, and they are also an applicant, an employer may confirm the address of a nonemployee where a relationship is detailed. The company name must match the one provided in the application. A letter from a bank, which is resident and regulated in a FATF jurisdiction with whom the applicant has an account, which confirms the current residential address of the individual. A letter from an officer or representative of a Hong Kong residential home, care or nursing facility confirming that such address is the current residential address of the applicant A utility bill sent to a PO Box or 'care of' address which references the residential address of the individual A recent correspondence from a Government department or agency A current Hong Kong domestic helper employment contract that has been stamped by the appropriate consulate given that the employer s name in the application corresponds with the visa endorsement in the passport HK AML Page 4

5 Authentication of documents by a suitable certifier (for each Applicant) Background Incorrect certification of documents is one of the main reasons for delays in processing applications. The Isle of Man Insurance and Pensions Authority, FPIL s principal regulator, is very specific about how documents are to be certified, and who can perform this function. Certification of copy documents The certifier must state on the document: I certify that this is a complete and accurate copy of the original documentation that I have seen... (or words to similar effect) Signed: (the signature of the certifier) Name: (the printed name of the certifier) Position or Capacity: (position or capacity of the certifier) Date: (the date of certification) Improper certification could lead to delays. Who can certify a copy of an original document? In and outside of Hong Kong A Regulated Introducer, or authorised employee of a Regulated Introducer A Regulated Introducer is an Introducer in relation to which a regulatory authority exercises regulatory functions and the Introducer is based or incorporated in or formed under the law of a country that is a FATF jurisdiction. A Suitable Certifier appointed by FPIL To be approved by FPIL as a Suitable Certifier, the individual must have submitted the Appointment of Suitable Certifier Form to this company, together with copies of his/her passport, and proof of address document, certified by a Commissioner for Oaths, a Notary Public or a Suitable Certifier already approved by FPIL. Outside of Hong Kong A Notary Public, licensed lawyer or solicitor A Notary Public is a public officer appointed under authority of state law with power to administer oaths, certify affidavits, take acknowledgements and take depositions or testimony. An Accountant An accountant who is a member of an institute, or other professional organisation, which imposes on its members a requirement to abide by anti-money laundering obligations, or who is regulated in the conduct of their business by a regulatory organisation. HK AML Page 5

6 Translation of documents not written in English Where a document submitted is not written in English, we require the certifier to explain on the document: What the document is Indicate where the applicant s name and address is printed The certifier should also write a statement onto the document to the effect that: I certify that the English translation provided is a true translation of the relevant part(s) of this document... Signed: (the signature of the independent financial adviser) Name: (the printed name of the independent financial adviser) Date: (the date the independent financial adviser has certified the copy document) Reason for Investing To understand the purpose and intended nature of the customer applying for an FPIL product, we require the customer to indicate the reason for investing as part of the business process. Friends Provident International Limited Registered & Head Office: Royal Court, Castletown, Isle of Man, British Isles, IM9 1RA Telephone: +44(0) Fax: +44(0) Incorporated company limited by shares Registered in the Isle of Man No Authorised by the Isle of Man Insurance & Pensions Authority Provider of life assurance and investment products The appointed representative of the Company in Hong Kong is Friends Provident International Limited s branch office: Friends Provident International Limited Suites , Two Pacific Place, 88 Queensway, Hong Kong Telephone: Fax: Website: Authorised by the Office of the Commissioner of Insurance to conduct long-term insurance business in Hong Kong HK AML Page 6 XHK/ID&VOA 05.12