Legitimation, details of beneficial owner and clarification of PEP status

Transcription

1 Legitimation, details of beneficial owner and clarification of PEP status Please complete and return by post to: Alphabet Fuhrparkmanagement GmbH, Konrad-Zuse-Straße 1, Unterschleißheim Private companies and legal entities Customer: (please enter full title) Legitimation Based on the provisions of 3 Section 1 No. 1 GwG (Money Laundering Act), 4 Section 1 GwG and 4 Section 3 No. 2 GwG, the lessor is always required to obtain the following information before establishing business relations with a contractual partner / lessee who is a legal entity / private company. The lessee is legally required to cooperate and update the details based on 4 Section 6 GwG. Market partner number: Company, name or title: Legal status: Registry number (where applicable): Address of the headquarters or main branch: Members of the representative body / legal representatives If a member of the representative body or one of the legal representatives is a legal entity, the company, name or title, legal status, registry number (where applicable) and address of the headquarters or main branch are to be recorded. Details of the beneficial owner Clarification of the PEP status of the contractual partner The lessor is legally required according to 3 Section 1 No. 3 GwG in conjunction with 4 Section 1 and Section 5 GwG to gather particulars regarding the beneficial owner and to document these in writing. The lessee is legally required to cooperate and update the details based on 4 Section 6 GwG. The lessor is also required according to 6 Section 2 No. 1 GwG to clarify the PEP status of its contractual partners and / or the latter s beneficial owners. Likewise according to 6 Section 2 No. 1 GwG, the contractual partner is required to provide the lessor with the necessary information and immediately report any changes which might occur during the course of the business relationship. Definition of beneficial owner The beneficial owner according to this law is the individual in whose possession or under whose control the contractual partner ultimately is, or else the individual at whose instigation a transaction is ultimately executed or a business relationship is ultimately established. You will find all other explanations of the term beneficial owner and its use by Alphabet Fuhrparkmanagement GmbH on the information sheet attached to this letter. Definition of a politically exposed person (PEP) A PEP according to 6 Section 2 No. 1 GwG is an individual who is or has been entrusted with an important political office, or a close family member of such a person or a person known to be closely associated with such a person. In this connection, public offices below the national level are only deemed to be relevant if their political importance is comparable to that of a similar position at national level. Please mark as appropriate Details of the beneficial owner do not have to be provided because The company is a credit or financial institution according to 5 Section 2 No. 1 GwG. The company is publicly listed in an organised market according to 5 Section 2 No. 2 GwG and 2 Section 5 WpHG (Securities Trading Act) in which transparency requirements apply under community law in relation to voting shares or equivalent international standards. The company is an authority according to 5 Section 2 No. 4 GwG. The contractual partner does not have an beneficial owner. The contractual partner has at least one beneficial owner with PEP status according to 6 Section 2 No. 1 GwG. Details of this must be provided on the next page. The contractual partner has at least one beneficial owner but none with PEP status according to 6 Section 2 No. 1 GwG. Details of this must be provided on the next page. 1/8

2 Please complete and return by post to: Alphabet Fuhrparkmanagement GmbH, Konrad-Zuse-Straße 1, Unterschleißheim Beneficial owner* PEP status: yes no PEP status: yes no Place of office: Home country Abroad Place of office: Home country Abroad PEP status: yes no PEP status: yes no Place of office: Home country Abroad Place of office: Home country Abroad * If the contractual partner has other beneficial owners, details of these must be provided on a self-compiled supplementary sheet. Alternatively, your Alphabet contact partner will be pleased to provide you with an appropriate supplementary sheet. Company name and company stamp Name of authorised representative or signatory Signature of authorised representative or signatory Identification of the individuals appearing on behalf of the contract partner Based on the provisions of 3 Section 1 No. 1 GwG, 4 Section 3 No. 1 GwG and 4 Section 4 No. 1 GwG, Alphabet Fuhrparkmanagement GmbH is also required to identify the persons acting on behalf of the contract partner. Definition of person acting on behalf of the contract partner Alphabet Fuhrparkmanagement GmbH defines this according to GwG as any individual acting in person on behalf of the contractual partner in the context of establishing a business relationship. Please note that verification of the details provided is absolutely necessary. For this purpose, a valid ID document must be inspected by a staff member of Alphabet Fuhrparkmanagement GmbH for every person acting on behalf of the contract partner according to 3 Section 1 No. 1 GwG. Furthermore, a copy of the ID documents in question is to be made for documentation purposes. Alternatively, identification can be verified by means of PostIdent. Your Alphabet Fuhrparkmanagement GmbH contact partners will be pleased to send you the necessary PostIdent coupons required for this purpose. Details of the person acting on behalf of the contractual partner* The following individual acts in person on behalf of the contractual partner in connection with establishing a business relationship. Name of the individual acting in person: First names: Place of birth: Address: Nationality: Internal use of data by BMW I agree to Alphabet Fuhrparkmanagement GmbH Daten sharing, matching and using data jointly with BMW Financial Services companies (BMW Bank GmbH, BMW Vertriebs GmbH & Co. OHG and Alphabet Fleetservices GmbH) in a shared data management system insofar as this serves to perform functions relevant to my contract with one of the above-mentioned BMW Financial Services companies. I agree to my data being processed and used through these jointly managed systems by the above-mentioned companies for the purpose of application, contract handling and customer care. Signature of the individual acting in person *If there are other persons acting on behalf of the contractual partner, these are to be listed on page 8 of this form. 2/8

3 Please complete and return by post to: Alphabet Fuhrparkmanagement GmbH, Konrad-Zuse-Straße 1, Unterschleißheim Verification of the details of the person acting on behalf of the contractual partner The following legitimation document is submitted to verify the details provided, relating to an individual acting in person on behalf of the contractual partner. 1. Type of legitimation document Identity card Passport Other 2. No. of identity card / passport: 3. Name of issuing authority: 4. Valid until: Confirmation note I hereby confirm that I have examined all information in connection with the identification and legitimation of the contract partner for plausibility and completeness and that I have checked this information against the legitimation documents submitted by the contractual partner. This also includes information relating to any beneficial owners and to the clarification of potential PEP status. The legitimation documentation submitted shows all the necessary information according to 4 GwG. To be filled out by a staff member of the Alphabet sales partner: Name of the Alphabet sales partner with company stamp Name of staff member (capital letters) Market partner number Signature of staff member To be filled out by an Alphabet staff member Name of staff member (capital letters) Signature of staff member Attachments A current and valid legitimation document must be submitted for the legitimation of the contractual partner. An easily legible copy of the document must be attached to this form. For legitimation of the customer by an Alphabet sales partner, it is also necessary to make an clearly legible copy of the ID document of the individual present, who must be an authorised signatory, and this copy must be attached to the legitimation documents. What is more, the following information must be noted below, as taken from the copy of the ID document: 1. Type of legitimation document Identity card Passport Other 2. No. of identity card / passport: 3. Name of issuing authority: 4. Valid until: 5. Signatory authorisation applies according to registry excerpt Power of attorney (document is attached to application) 3/8

4 Information sheet to determine the beneficial owner, to clarify PEP status and to identify a person acting on behalf of the contractual partner Introduction As a financial services institution, Alphabet Fuhrparkmanagement GmbH is the obligated party according to the law regarding the tracing of profits from serious crimes (according to GwG). This means that Alphabet Fuhrparkmanagement GmbH is legally required to exercise the due diligence as set down in GwG and ensure it is observed. An essential obligation in this connection is to ascertain the beneficial owner as part of the identification process according to 3 Section 1 No. 3 GwG in conjunction with 4 Section 3 No. 2 GwG. Equally important in this connection is to clarify whether a contractual partner or their beneficial owner is a so-called politically exposed person (PEP) according to 6 Section 2 No. 1 GwG. Beneficial owner Individual who, according to 1 Section 6 GwG, directly or indirectly controls the contractual partner or holds shares in it, or ultimately instigates a transaction or establishes a business relationship on the instructions of the contractual partner, or is the main beneficiary of a third-party arrangement. In connection with companies, the irrefutable assumption of control applies in the case of indirect or direct control over more than a 25 % share of ownership / voting rights. Deviating from this, the share of ownership / voting rights is reduced to at least in the case of civil law partnerships (GbR). Here the ultimate shareholding level is to be determined down to the individual person. Details of this this must be submitted by the contractual partner. Determination of the beneficial owner Principles A distinction is drawn between direct shareholding and multiple shareholding levels. In the case of direct shareholding, the individual is an beneficial owner if they hold more than 25 % of the shares in a limited company (GmbH), for example. A multi-level shareholding structure means that at least one legal entity holds the relevant shares in the contractual partner (company). In this case, the process must be extended to the next level. From the second shareholding level, the share of ownership / voting rights that is relevant is at least 50 %. Example 1 You do business under the name of K-GmbH. Your shares are held as follows: A: 33.3 %, B: 33.3 %, C-GmbH: 33.3 % The shares in C-GmbH are distributed as follows: D: 30 %, E: 70 % K-GmbH Shares held in K-GmbH as follows: 33.3 % B* 33.3 % C-GmbH 33.3 % D* 30 % E* 70 % *Individual person. Your beneficial owners are: A, B and E. Reason: A and B are beneficial owners because they exceed the 25 % threshold level according to presumption in the case of direct shareholding. In terms of C-GmbH, what counts is the distribution of voting rights / shares among partners: D is not an beneficial owner, since 30 % is not enough to control C-GmbH. E is an beneficial owner since the 70 % share gives E control over C-GmbH. 4/8

5 Example 2 You do business under the name of K-GmbH. Your shares are held as follows: A:, B:, C:, D:, E: 14 %, F-GmbH: 6 % The shares in F-GmbH are distributed as follows: A: 90 %, X: 10 % K-GmbH Shares held in K-GmbH as follows: B* C* D* E* 14 % F-GmbH 6% 90 % Shares in F-GmbH of: X* 10 % Your beneficial owner is: A. Reason: 6 % of the shares are indirectly controlled by F-GmbH, which is in turn dominated by A so the shares are attributed to A, while another 20% is controlled directly by A, making a total of 26 % (exceeding the threshold level). Example 3 You do business under the name K-GmbH. Your shares are held as follows: A:, B: C-GmbH: 60 % The shares in C-GmbH are held 100 % by the publicly listed German company D-AG in the regulated market. K-GmbH Shares held in K-GmbH as follows: B* C-GmbH 60 % D-AG 100 % Shares in C-GmbH of: *Individual person. There is no beneficial owner Reason: A and B are both under the threshold level. D controls C-GmbH, and therefore indirectly K-GmbH. In the case of the publicly listed D-AG, however, there is no obligation to clarify the shareholding status. For this reason, it is not necessary to go further in establishing the beneficial owner beyond the shareholding structures as indicated. Example 4 You do business under the name K-GmbH & Co. KG. Your shares are held as follows: A: 100 % of shares in General Partner-GmbH. B: 80 % of the capital of K-GmbH & Co. KG. General Partner-GmbH: of the capital of K-GmbH & Co. KG. K-GmbH & Co. KG Limited partner Shares in General Partner-GmbH 100 % B* 80 % General Partner-GmbH *Individual person. Your beneficial owner is: B. Reason: From the point of view of money laundering law, a direct analysis of K-GmbH & Co. KG must consider the partner status (general partner / limited partner) in addition to the share distribution (i. e. shareholding structure). For this reason, B is to be classified as an beneficial owner based on capital participation, while control through the General Partner-GmbH is to be considered separately. The term beneficial owner covers not just the share structure (ownership) but also the aspects of control and instigation. In the case of a limited partnership (KG) and a GmbH & Co. KG as a special entity from the point of view of corporate law with different partners, it is therefore possible for the general partner to exercise fully responsible control based on their dominant status according to corporate law, and therefore to be subject to assessment on a risk basis. A is therefore potentially an beneficial owner, too. 5/8

6 Politically exposed person (PEP) The legal provision relating to PEPs forms part of the so-called enhanced customer diligence obligations contained in 6 GwG. The term PEP is specifically addressed in 6 Section 2 No. 1 GwG. According to this, a PEP is an individual who is or has been entrusted with an important political office, or a close family member of such a person or a person known to be closely associated with such a person. The contract partner is to be assessed as well as the beneficial owner / owners. Public office In this connection, a public office is only relevant if it is an office at national level or an office of comparable importance. The following positions are always defined as having PEP status: Heads of state and government, ministers and deputy ministers or secretaries of state Members of parliament Members of supreme courts or judicial authorities Ambassadors, chargés d affaires, high-ranking military officers Members of the management, administration and supervisory bodies of state-owned enterprises Any regional office held is also relevant if a state is organised on a federal basis. This applies to the Federal Republic of Germany, so the state premiers are to be regarded as PEPs according to GwG because they are the leaders of the state governments. This provision does not apply to office-holders at the municipality level (district administrator, mayor, councillor). Place of office and procedure It is important for the procedure to establish the place of office. Here a distinction is to be drawn between two alternatives: 1. Place of office is abroad If a PEP according to GwG holds their office abroad, the following steps are to be taken: a) The establishment of a business relationship must be approved by Alphabet Fuhrparkmanagement GmbH. b) The origin of assets is to be ascertained by means of appropriate measures. c) The entire business relationship is to be subject to intense and continuous monitoring. 2. Place of office in the home country If a PEP according to GwG holds their office in the home country or is a member of the European Parliament elected in the home country, the general enhanced customer diligence obligations apply according to 3 GwG initially apply. If the PEP status of the contractual partner does not become known until after the contract has been concluded, it is absolutely obligatory for approval to be obtained for continuation of the business relationship. Direct family members and persons known to be closely associated Direct family members of a person who holds an important public office and individuals known to be closely associated with such a person are also classified as PEP. Direct family members are defined as follows: the spouse a partner equivalent to a spouse according to national law the children and their spouses or partners the parents the siblings Closely associated persons are defined as any individual person who maintains a close business relationship to a person with PEP status is the joint economic owner of legal entities together with the person who holds PEP status exercises economic ownership of a legal entity which was set up to the benefit of a person with PEP status. Duration of the status as politically exposed person (PEP) The status always ceases to apply to the politically exposed person and their family members or known close associates one year after giving up the qualifying office. 6/8

7 Person acting on behalf of a contractual partner Based on the provisions of 3 Section 1 No. 1 GwG, 4 Section 3 No. 1 GwG and 4 Section 4 No. 1 GwG, Alphabet Fuhrparkmanagement GmbH is also required to identify the persons acting on behalf of the contractual partner. Alphabet Fuhrparkmanagement GmbH defines the term person acting on behalf of the contractual partner according to GwG as any individual acting in person on behalf of the contractual partner in the context of establishing a business relationship. If the person acting on behalf of the contractual partner is not present in person when the business relationship is concretely established, identification according to GwG is not necessary. The identification requirement does not apply to the following persons, regardless of the criterion of personal presence, if they are acting on behalf of a contractual partner to establish a business relationship: legal representatives of legal entities or commercial partnerships obligated parties according to 2 Section 1 GwG (e.g. notaries, lawyers and accountants) The following particulars are to be gathered in order to identify an individual person acting in person on behalf of a contractual partner according to 4 Section 3 No. 1 GwG: Name Place of birth Date of birth Nationality Residential address The particulars supplied for the identification of a person acting on behalf of the contractual partner are always to be verified based on the following documents according to 4 Section 4 No. 1 GwG : current and valid official ID containing a photograph of the holder and satisfying domestic passport and identification requirements passport, identity card or passport / identity card substitute which is recognised or approved according to the provisions of domestic law or law concerning foreigners A copy is to be made of the ID submitted for documentation purposes. In addition, the following details are to be provided on the form: Type of legitimation document Number of passport / identity card Name of issuing authority 7/8

8 Please complete and return by post to: Alphabet Fuhrparkmanagement GmbH, Konrad-Zuse-Straße 1, Unterschleißheim Persons acting on behalf of the contractual partner Please provide the required information for the other persons acting on behalf of the contractual partner according to 4 Section 3 No. 1 GwG. Name of the individual acting in person: First names: Place of birth: Address: Nationality: Internal use of data by BMW I agree to Alphabet Fuhrparkmanagement GmbH Daten sharing, matching and using data jointly with BMW Financial Services companies (BMW Bank GmbH, BMW Vertriebs GmbH & Co. OHG and Alphabet Fleetservices GmbH) in a shared data management system insofar as this serves to perform functions relevant to my contract with one of the above-mentioned BMW Financial Services companies. I agree to my data being processed and used through these jointly managed systems by the above-mentioned companies for the purpose of application, contract handling and customer care. Signature of authorised representative or signatory Verification of the details of the person acting on behalf of the contractual partner The following legitimation document is submitted to verify the details provided relating to an individual acting in person on behalf of the contractual partner. 1. Type of legitimation document Identity card Passport Other 2. No. of identity card / passport: 3. Name of issuing authority: 4. Valid until: Name of the individual acting in person: First names: Place of birth: Address: Nationality: Internal use of data by BMW I agree to Alphabet Fuhrparkmanagement GmbH Daten sharing, matching and using data jointly with BMW Financial Services companies (BMW Bank GmbH, BMW Vertriebs GmbH & Co. OHG and Alphabet Fleetservices GmbH) in a shared data management system insofar as this serves to perform functions relevant to my contract with one of the above-mentioned BMW Financial Services companies. I agree to my data being processed and used through these jointly managed systems by the above-mentioned companies for the purpose of application, contract handling and customer care. Signature of authorised representative or signatory Verification of the details of the person acting on behalf of the contractual partner The following legitimation document is submitted to verify the details provided, relating to an individual acting in person on behalf of the contractual partner. 1. Type of legitimation document Identity card Passport Other 2. No. of identity card / passport: 3. Name of issuing authority: 4. Valid until: 8/8