Customer Acceptance Policy

Transcription

1 Otkritie Capital Cyprus Limited Registratin # HE License Number: 069/06 Date f Incrpratin: 06/09/2005 Issued by the Cyprus Securities and Exchange Cmmissin Custmer Acceptance Plicy Initially perfrmed by: Amended by: Name: Psitin: Date: Cmments n changes Valeriya Evseeva Cmpliance Manager, MLCO Nvember, 2014 Status: Apprved by BD n As apprved by the Bard f Directrs n OTKRITIE CAPITAL CYPRUS LIMITED ( OCСL ) IS TRADING AS OTKRITIE CAPITAL. OCСL IS AUTHORISED AND REGULATED BY CYPRUS SECURITIES AND EXCHANGE COMMISSION. 42, LEOFOROS AMATHOUNTOS, MILLIOS BUILDING, OFFICE NO.2, AGIOS TYCHONAS, 4532 LIMASSOL, CYPRUS infcyprus@pen.ru Tel: Fax:

2 IINTERNAL CUSTOMER IDENTIFICATION AND DUE DILIGENCE PROCEDURE Purpse & backgrund The Cmpany and its persnnel shuld establish t its satisfactin that it is dealing with a real persn (natural r legal) and verify the identity f thse persns wh have pwer t perate any accunt. The purpse f a cmpliance review is t ensure that the client/cunterparty has been adequately identified thrugh dcumentatin and then t understand the client/cunterparty s prfile, wnership, business activities, surce f wealth, funding fr the accunt and s n. That will enable Cmpliance t assess and address any legal, financial crime r ther reputatin risks the client may bring t the Firm. The AML/Client Due Diligence prcess is carried ut regardless f whether the entity is carrying ut a single transactin r is entering int an nging business relatinship with the client. Otkritie Capital Cyprus Limited is regulated by Cyprus Securities and Exchange Cmmissin ( CySEC ) and is under bligatin t cperate with MOKAS. The plicy is written taken int accunt the fllwing: - Law 188(I) 2007 (issued pursuant t Directive 2005/60/EC 3 rd Anti Mney Laundering Directive and Directive DI f 2012 f the Cyprus Securities and Exchange Cmmissin fr the Preventin f Mney Laundering and Terrrist Financing. - Law 144(I) 2007 Investment Services and Activities & Regulated Markets Law f CySEC Circular Ci CySEC Circular issued by the Chairman f CySEC n 21 January 2008 with respect t cmpanies with bearer shares. - In additin Otkritie Capital Cyprus Limited is cmmitted t cmplying with all aspects f AML legislatin and regulatin and t adhering t the Financial Actin Task Frce s ( FATF ) recmmendatins wherever pssible. The Law adpts a principle based apprach as ppsed t a rule based apprach in accrdance with a risk based apprach. This dcument shuld be read in cnjunctin with ther plicies and prcedures f Otkritie Capital Cyprus Limited. Due Diligence The Law requires that due diligence must be cnducted in the fllwing cases: - Entry int a business relatinship. - Occasinal transactin amunting t EUR 15,000 r mre whether the transactin is carried ut in a single peratin r in several peratins which appear t be linked. - Where there is a suspicin f mney laundering regardless f any dergatin exemptin r threshld - When there are dubts abut the veracity r accuracy f previusly btained custmer identificatin data. The Cmpany and its persnnel apply each f the custmer due diligence measures and identificatin prcedures specified belw, but may determine the extent f such measures n a risk-sensitive basis depending n the type f custmer, business relatinship, prduct r

3 transactin upn receiving apprval by the Managing Directr and Mney Laundering Cmpliance Officer s t be able t demnstrate t the cmpetent Supervisry Authrities that the extent f the measures is apprpriate in view f the risks f the use f their services fr the purpses f mney laundering and terrrist financing. In additin t the prvisins f sectins 60, 61 and 62 f the Law that refer t the bligatin fr custmer identificatin and due diligence prcedures, the Financial Organisatin ensure that the custmer identificatin recrds remain cmpletely updated with all relevant identificatin data and infrmatin thrughut the business relatinship. The Cmpany may als apply simplified r enhanced due diligence (please refer t KYC Plicy). Specific custmer identificatin issues Under recmmendatins given in the Fifth Appendix f the Directive the Cmpany implement int its custmer acceptance plice the fllwing identificatin and due diligence prcedures that Cmpany and its persnnel applies fr specific custmer identificatin issues: A. Natural persns Cyprus Resident: 1. True name and / r names used, based n the fficial identity card r passprt. Dcument shuld be issued by an independent and reliable surce and which bears a phtgraph f the custmer. The fllwing dcument can be accepted: Certified cpy f the Passprt/ID/Driver s License r ther frm f identity with phtgraph, included. 2. Full permanent address in the Republic, including the pstcde: The emplyee can visit the custmer s hme, r The presentatin f a recent (up t 6 mnths) telephne bill, electricity, municipal taxes, r bank accunt statement, r similar, with the abve, dcuments (t prtect against the presentatin f frged r cunterfeit dcuments, the presentatin f riginal dcuments is required) is required. Prf f address can be demnstrated thrugh any f the fllwing dcuments: Utility Bill, Bank Statement, Credit Card Statement, Vting Card, Telephne Directry, Tenancy Agreement r ther similar 3rd party dcumentatin. 3. Phne number, landline and mbile, and fax This can be accepted via cmpleting the Questinnaire. 4. address, if any This can be accepted via cmpleting the Questinnaire. 5. Date and place f birth This can be accepted via cmpleting the Questinnaire and via identificatin dcument (passprt, id, driving license) 6. Natinality This can be accepted via cmpleting the Questinnaire and via identificatin dcument (passprt, id, driving license) 7. Details f prfessin and ther ccupatins, including the name f the emplyer / business rganizatin. This can be accepted via cmpleting the Questinnaire. 8. In additin t the abve, where the client was intrduced by a trusted member f the staff f the Cmpany, r by ther reliable existing client r a third persn persnally knwn, member f the Bard f Directrs, details f these recmmendatins must be prduced and kept in the client s file. 9. Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering) 10. Infrmatin regarding public places (functins) wned r held by the custmer during the last twelve mnths and whether is a clse relative r clse assciate f such persn

4 in rder t determine whether the custmer is a plitically expsed persn. This can be accepted via screening checks. Als screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. B. Natural persns Nn-Cyprus Resident 1. True name and / r names used, based n the fficial identity card r passprt: a. Dcument shuld be issued by an independent and reliable surce and which bears a phtgraph f the custmer. b. Data btained must disclse the number, date and cuntry f issuance f passprt and date f birth f the client The fllwing dcument can be accepted: Certified cpy f the Passprt/ID/Driver s License r ther frm f identity with phtgraph and abve mentined details, included. 2. Full permanent address, including the pstcde: Presentatin f a recent (up t 6 mnths) telephne phne bill, electricity, municipal taxes, r bank accunt statement, r similar, with the abve, dcument (fr prtectin against the presentatin f false dcuments, the presentatin f riginal dcuments is required) is required. Prf f address can be demnstrated thrugh any f the fllwing dcuments: Utility Bill, Bank Statement, Credit Card Statement, Vting Card, Telephne Directry, Tenancy Agreement r ther similar 3rd party dcumentatin. Fr citizens f the Russian Federatin and the CIS we will accept t receive a certified Hme Address Statement r a certified cpy f the internal passprt. Russian passprts shuld be verified via 3. Phne number, landline and mbile, and fax This can be accepted via cmpleting the Questinnaire. 4. address, if any This can be accepted via cmpleting the Questinnaire. 5. Date and place f birth 6. Natinality This can be accepted via cmpleting the Questinnaire and via identificatin dcument (passprt, id, driving license) This can be accepted via cmpleting the Questinnaire and via identificatin dcument (passprt, id, driving license) 7. Details f prfessin and ther ccupatins, including the name f the emplyer / business rganizatin. This can be accepted via cmpleting the Questinnaire. 8. In additin t the abve, where the client was intrduced by a trusted member f the staff f the Cmpany, r by ther reliable existing client r a third persn persnally knwn, member f the Bard f Directrs, details f these recmmendatins must be prduced and kept in the client s file. 11. Infrmatin regarding public places (functins) wned r held by the custmer during the last twelve mnths and whether is a clse relative r clse assciate f such persn in rder t determine whether the custmer is a plitically expsed persn. This can be accepted via screening checks. Als screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. C. Jint accunts In cases f jint accunts, f tw r mre persns, the identity f all persns (individuals) that hld r have the right t manage the accunt, must be verified, as set ut in Part A and B abve where apprpriate. Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required.

5 D. Accunts f unins, scieties, clubs, prvident funds and charitable Institutins The minimum list f required dcuments is the fllwing: 1. Memrandum and articles f assciatin 2. Registratin dcuments 3. Certificate f registratin 4. The list f the members f the Bard f Directrs/ management Cmmittee 5. The identity f all authrized persns The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B. Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. E. Accunts f unincrprated businesses, partnerships and ther persns with n legal substance 1. Identity f the directrs/partners (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). 2. Identity f the beneficiaries (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). 3. Identity f authrized persns (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). 4. In the case f partnerships, the riginal r a certified true cpy f the partnership s registratin certificate. 5. Where a frmal partnership agreement exists, this must be prvided as well as a mandate frm the partnership authrizing the pening f the accunt and cnfirming authrity t a specific persn wh will be respnsible fr its peratin. 6. Business address 7. Nature and size f its activities 8. The financial prtrait f the legal persn under the prvisins f paragraph 21 DI : identity inf identity f beneficiaries in case f legal persns (wnership and cntrl structure, f the custmer) infrmatin regarding the business activities and the expected pattern and level f transactins residence and business address the purpse and reasn fr the establishment f a business relatinship anticipated accunt turnver, the nature f the transactins, the expected rigin f incming funds t be credited t the accunt and the expected destinatin f utging transfers/payments the custmer s size f wealth and annual incme, and a clear descriptin f the main business / prfessinal activities / peratin cmpany s name, Cuntry f incrpratin, head ffices address, names and identity f beneficial wners, directrs, authrized signatries, financial infrmatin, wnership structure f the grup that the cmpany may be a part f (Cuntry f incrpratin f the parent cmpany, subsidiaries and assciate cmpanies, the main activities, financial infrmatin) Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. F. Accunts fr Legal Persns 1. The registered number certificate f registratin 2. The registered crprate name and trading name used

6 3. Full crprate registered address and the head ffices 4. Phne number, fax and address 5. Members f the Bard f Directrs 6. Persns authrized t perate the accunt and t act n behalf f the legal persn 7. Real beneficiaries f private and public cmpanies that are nt listed in regulated market f a Eurpean Ecnmic Area cuntry r a third cuntry with equivalent disclsure and transparency requirements. 8. Registered sharehlders that act as nminees f the actual beneficiaries 9. The financial prtrait f the legal persn under the prvisins f paragraph 21 DI : identity inf identity f beneficiaries in case f legal persns (wnership and cntrl structure, f the custmer) infrmatin regarding the business activities and the expected pattern and level f transactins residence and business address the purpse and reasn fr the establishment f a business relatinship anticipated accunt turnver, the nature f the transactins, the expected rigin f incming funds t be credited t the accunt and the expected destinatin f utging transfers/payments the custmer s size f wealth and annual incme, and a clear descriptin f the main business / prfessinal activities / peratin cmpany s name, Cuntry f incrpratin, head ffices address, names and identity f beneficial wners, directrs, authrized signatries, financial infrmatin, wnership structure f the grup that the cmpany may be a part f (Cuntry f incrpratin f the parent cmpany, subsidiaries and assciate cmpanies, the main activities, financial infrmatin) 1. Certificate f incrpratin 2. Certificate f gd standing f the legal persn 3. Certificate f registered address 4. Certificate f directrs and secretary 5. Memrandum and Articles f Assciatin 6. Certificate f registered sharehlders in the case f private and public cmpanies that are nt listed in regulated market f a Eurpean Ecnmic Area cuntry r a third cuntry with equivalent disclsure and transparency requirements In case the Sharehlders/ Limited Partners are ther legal entities the fllwing additinal dcumentatin is required: - A legal structure chart shwing all intermediate entities up t the Ultimate Beneficial Owners signed by the Directr (in case the Directr is the UBO, then additinally by the Secretary). - Full legalizatin dcuments f the ultimate legal entity which exercises actual cntrl r, in the case f many ultimate legal entity sharehlders, f thse legal entities that exercise such cntrl. The legalizatin dcuments f intermediary hlding cmpanies are nt required. The term "legalisatin dcuments" includes (i) Certificate f Incrpratin, (ii) Certificate f Registered Office, (iii) Register f Sharehlders, (iv) Register f Directrs, (v) Memrandum & Articles, whereas the term "cntrl" applies t direct and indirect wnership f ver 50%; in case the ultimate legal entity is a Nminee Sharehlder, the Certificate f Incrpratin and Nminee Agreement (Deed f Trust) are required (refer t p.8). 7. A reslutin f the bard f directrs fr pening the accunt and granting authrity t thse wh will perate it 8. In case f nminee sharehlders f the actual beneficiaries, a cpy f the trust deed signed between the nminee sharehlder and the beneficial wner, by virtue f

7 which the registratin f the shares n the name f the nminee sharehlder n behalf fr the real Beneficiary has been agreed 9. Dcuments and data t establish, the identity f persns authrized by the legal persn t perate the accunt, as well as the registered sharehlders and beneficial wners f the legal persn 10. Where necessary, a cpy f the latest audited financial statements (if available) and / r cpies f its latest management accunts. It is nted that at any times during the business relatinship, the Cmpany can btain additinal dcuments and infrmatin if required. As an additinal measure the Cmpany can cnduct research and receive infrmatin frm the recrds f the Registrar f Cmpanies and Official Receiver f the Republic (fr Cyprit cmpanies) in rder t ensure that the cmpany (legal persn) is nt nr is in the prcess f being disslved r liquidated r struck ff the registry and that it cntinues t be registered as an perating cmpany. Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. G. Accunts fr Legal Persn (Cmpanies r Legal Entities) utside the Republic 1. All dcuments and infrmatin as stated in Part F abve must be prvided. 2. The Cmpany can cnduct research and receive infrmatin frm the Cmpanies Registry r equivalent authrity in the cuntry f incrpratin (legal entity) abrad (fr nn-cyprit cmpanies) and / r request infrmatin frm ther surces in rder t ensure that the cmpany (legal persn) is nt nr is in the prcess f being disslved r liquidated r struck ff the registry and that it cntinues t be registered as an perating cmpany. Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. Sharehlder - trust If the beneficial wner f an entity is a trust then the fllwing dcuments are required: 1. Name 2. Date f establishment 3. Identity f the trustr (Part A & B) 4. Identity f the trustee(part A & B) 5. identity f the beneficial wners(part A & B) 6. The nature and purpse f the establishment and activities (memrandum and articles f assciatin) 7. Origin f the mney, extracts frm the trust agreement is needed and ther relevant infrmatin frm the trustees The minimum required dcumentatin is (this applies t Bare Trusts, Discretinary Trusts, Private Trusts, Public (Charitable) Trusts, Purpse Trusts. Des nt apply t Unit Trusts (i.e. Investment Trusts/ Mutual funds), Occupatinal Pensin Schemes established as trusts)): 1. Apstiled cpy f the Trust Deed in rder t identify the Trust structure 2. KYC f the Beneficiaries in accrdance with the relevant Dcument request list; please refer t the apprpriate KYC Dcument Request List; 3. KYC f the Trustees in accrdance with the relevant Dcument request list; please refer t the apprpriate KYC Dcument Request List;

8 4. KYC f the Settlrs in accrdance with the relevant Dcument request list; please refer t the apprpriate KYC Dcument Request List; Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. H. Investment funds, mutual funds and firms prviding financial r Investment services: If they are incrprated and/r perating in cuntries f the Eurpean Ecnmic Area r a third cuntry which accrding t a decisin f the Advisry Authrity fr Cmbating Mney Laundering Offences and Terrrist Financing it has been determined that applies requirements equivalent t thse laid dwn in the Eurpean Unin Directive, then the fllwing is required: 1. A license r authrizatin frm a cmpetent supervisry/regulatry authrity f the cuntry f incrpratin and peratin t prvide the said services. 2. Evidence that they are subject t the supervisin fr the preventin f mney laundering and terrrist financing purpses. S, fr regulated funds frm EU r Apprved Cuntries (als applies t Open r clsed-end Investment Funds, Occupatinal Pensin Schemes, Exchange Traded Funds, Mutual Funds, Unit trusts, Hedge Funds, Investment Trusts, SICAVs, SICAFs registered/regulated in EU r Apprved Cuntry), the fllwing dcuments are required as minimum: 1. Prf f regulated/registered status 2. Latest available versin f Prspectus/Offering Memrandum/Placement Memrandum as applicable 3. Latest Audited Financial Statements (apprved and signed by Auditrs) If the funds are frm nn-apprved cuntries, but the investment manager/ investment advisr AND fund administratr are regulated in an apprved cuntry, then the fllwing is required: 1. Prf f regulated/registered status f the Investment Manager/Investment Advisr and Fund Administratr (web screenshts suffice) 2. Latest available versin f Prspectus/Offering Memrandum/Placement Memrandum as applicable 3. Latest Audited Financial Statements (apprved and signed by Auditrs) Letter prvided by the Administratr f the Fund stating that he undertakes all necessary AML/KYC prcedures in relatin t the Funds clients. In case the persn is incrprated and/r perating in a third cuntry the fllwing must be btained: 1. All dcuments as stated abve in Part H 2. Cpy f the license r authrizatin granted frm a cmpetent supervisry/regulatry authrity f its cuntry f incrpratin and peratin 3. Sufficient data and infrmatin t fully understand the cntrl structure and management f the business activities and the nature f the services and activities prvided by the custmer. 4. In the case f investment funds and mutual funds the Financial Organisatin must prvide the fllwing: i. Identity f the beneficial wners (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). ii. Infrmatin regarding their bjectives and cntrl structure, including dcumentatin and infrmatin fr the verificatin f investment managers, investment advisrs, administratrs and custdians

9 The minimum list f minimum required dcuments that applies t funds frm nn-apprved cuntries (Open r clsed-end Investment Funds; Occupatinal Pensin Schemes; Exchange Traded Funds (ETFs); Mutual Funds; Unit Trusts; Hedge Funds; Investment Trusts; SICAVs; SICAFs frm nn-eu r nn-apprved cuntries, Subsidiaries/ trading vehicles f the abve): 1. Latest available versin f Prspectus/Offering Memrandum/Placement Memrandum as applicable 2. Certified cpy f Certificate f Incrpratin, r Certificate f Registratin f the Partnership and any Change f Name Certificates 3. Certified cpy f Certificate f Registered Office (nt applicable if this is prvided thrugh a recent Prspectus r M&As) 4. Certified cpy f Certificate f Directrs/ General Partners 5. Persnal infrmatin n ne Directr/ General Partner (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). 6. Certified Cpy f the Memrandum & Articles f Assciatin r Partnership Agreement as applicable 7. Latest Audited Financial Statements (apprved and signed by Auditrs) It is imprtant t understand whether the Cmpany will deal with the fund r Investment Manager/Advisr, and the KYC shuld be undertaken n bth the Fund and the Investment Manager/Advisr. Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. I. Nminees r agents f third persns The fllwing is required as minimum: 1. T verify the identity f the nminees r the agent f the third persn (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). 2. T verify the identity f any third persn n whse behalf the nminee r the agent is acting (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). 3. Cpy f the authrizatin agreement that has been cncluded between the interested parties Screening against Sanctins, Any adverse findings (crime, fraud, mney laundering), PEP list is required. All types f clients: a. If applicable, a Certified cpy f a Pwer f Attrney fr the persn(s) wh will be pening the accunt (in case this persn isn t a Directr). b. Persnal infrmatin f Attrney/s (different verificatin dcumentatin required fr identity and prf f address): (The identificatin prcedure shuld be fllwed as it is defined abve in Part A and B). c. Questinnaire d. Cnfirmatin that the client is trading as Principal e. In case the client pens an accunt as an agent, the client shuld prvide Otkritie Capital Cyprus Limited with the AML/KYC Plicies r the AML cmfrt letter. & AML Questinnaire Definitin f the UBO: Beneficial wner ( UBO ) means the natural persn r natural persns, wh ultimately wn r cntrl the custmer and/r the natural persn n whse behalf a transactin r activity is being cnducted.

10 The beneficial wner shall at least include: a. In the case f crprate entities: i. the natural persn r natural persns, wh ultimately wn r cntrl a legal entity thrugh direct r indirect wnership r cntrl f a sufficient percentage f the shares r vting rights in that legal entity, including thrugh bearer share hldings, a percentage f 10% plus ne share be deemed sufficient t meet this criterin; ii. the natural persn r natural persns, wh therwise exercise cntrl ver the management f a legal entity. b. In the case f legal entities, such as fundatins and legal arrangements, such as trusts, which administer and distribute funds: i. Where the future beneficiaries have already been determined, the natural persn r natural persns wh is the beneficiary f 10% r mre f the prperty f a legal arrangements r entity; ii. Where the individuals that benefit frm the legal arrangement r entity have nt yet t be determined, the class f persns in whse main interest the legal arrangement r entity is set up r perates; iii. The natural persn r natural persns wh exercise cntrl ver 10% r mre f the prperty f a legal arrangement r entity NOTE: THE COMPANY AT ANY TIME CAN INQUIRE AND OBTAIN ADDITIONAL DOCUMENTS AND INFORMATION IF REQUIRED IF AT ANY LATER STAGE ANY CHANGES OCCUR IN THE STRUCTURE OF THE OWNERSHIP STATUS OR TO ANY DETAILS, THE CUSTOMERS HAS TO INFORM THE COMPANY AND PROVIDE ANY NEW INFORMATION AND DOCUMENTS. IF IN THE COUNTRY OF THE POTENTIAL/EXISTING CLIENT ANY OF THE REQUIRED DOCUMENT DOES NOT EXIST IN THE FORM REQUIRED BY THE COMPANY THE COMPLIANCE OFFICER MAY ACCEPT A SIMILAR DOCUMENT SERVING THE NEEDS OF DUE DILIGENCE.