Service Finder
Appoint or remove ("discharge") money laundering officers or money laundering representatives
Service Description
Financial companies and organizers and brokers of games of chance (obligated parties according to § 2 paragraph 1 number 6 and 15 GwG) have a money laundering obligation.ämoney laundering officer or a money laundering officer at management level and a deputy shall be appointed. The appointment and dismissal of the money launderingäMoney Laundering Officer or the Money Laundering Officer and his or her deputy shall be reported to the supervisory authority in advance.
The obligation specifically concerns:
- Financial undertakings within the meaning of § 1 para. 24 GwG,
- bookmakers within the meaning of § 2 (1) of the German Racing Lottery Act (RennwLottG),
- casinos,
- betting agencies,
- the acceptance offices within the meaning of. § 3 (5) State Treaty on Gambling, insofar as they offer the Oddset offer,
- organizers of online games of chance games of chance (virtual slot machines and online poker) within the meaning of §§ 22a and 22b State Treaty on Gaming 2021
- For Insurance intermediaries, notaries, legal service providers,
service providers, real estate brokers, and dealers in goods (obligated parties pursuant to § 2 (1) numbers 8, 10, 11, 13 and 16 GwG), the competent supervisory authority order the appointment of a moneyämoney laundering officer or a money laundering officer order. For traders in goods, who deal with high-value goods goods, the order is issued in some federal states by general order. The Money Laundering Officer or the Money Laundering Officer is for compliance with the money laundering regulations responsible. She or he is responsible to the management directly subordinate to the Executive Board. The responsibility of the management level continues to exist.
The most important tasks of a money laundering officer include among others, that:
- They are the contact person for the law enforcement authorities, the central office for Financial Transaction Investigation Unit (FIU) and for the supervisory authority who verify compliance with due diligence requirements. verify.
- The implementation and updating of the risk analysis, the design of internal safeguards and the monitoring monitoring compliance with due diligence requirements within the company.
- They submit suspicious activity reports to the Central for Financial Transaction Investigations (FIU) or respond to requests for information from these bodies.
Process flow
- As an obligated person, you notify the supervisory authority in advance of the appointment or dismissal of a money laundering officer and his or her deputy for your company
- Your notification will be reviewed by the competent authority
- You will receive a final notification If the person does not have the required qualifications or reliability, the appointment as money laundering officer or deputy must be revoked at the request of the supervisory authority and a new person must be appointed
Requirements
- Obligated Persons under the Money Laundering Act
- Notifying parties are only natural or legal persons who are obligated parties under the MLA.
- Authorized representative
- Notifying person must be a member of the management level or internal/external money laundering officer or internal/external money laundering officer of the company.
- Company domicile in Germany
- The money laundering officer or his or her deputy must carry out his or her activities in Germany.
- Personal reliability and qualification
- The money laundering officer and his or her deputy must demonstrate the required personal reliability and professional qualifications.
Which documents are required?
- Notification of appointment or dismissal of a money laundering officer and his or her deputy.
- Proof of authorization to report:
- Evidence of appointment as a money laundering officer or money laundering deputy; or
- Evidence that the person making the report is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement).
- If applicable, current excerpt from the commercial register
- Registered companies should submit a current excerpt from the commercial register when submitting their application. Legal entities in the process of formation (GmbH, AG) submit the articles of association or partnership agreement.
- The supervisory authority reserves the right to request additional information on the qualifications of the relevant employee (e.g. overview of professional career, proof of participation in training events on money laundering law, etc.) as well as his reliability (e.g. in the form of information from the Federal Central Register or, if applicable, also from the Central Trade Register).
What are the fees?
none
What deadlines do I have to pay attention to?
- The appointment of the money laundering officer and/or the deputy must be made before the appointment. There is no deadline, i.e. the notification can also be made at very short notice. The notification is intended to give the authority the opportunity to check the qualifications and reliability of the newly appointed money laundering officer and/or deputy and, if necessary, to object to the appointment in a timely manner.
- The removal ("dismissal") of the money laundering officer and/or the deputy must also be notified to the authority in advance.
Processing duration
not applicable, it is only a display
Legal basis
§ Section 7 (1) Money Laundering Act (GwG) for appointment
§ Section 7 (4) of the Money Laundering Act (GwG) for notification of appointment and removal from office
If applicable in conjunction with General orders pursuant to Section 7 (3) Sentence 2 Money Laundering Act
Applications / forms
not applicable
Appeal
- Forms: yes
- Online procedure possible: yes
- Written form required: no
- Personal appearance required: no
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Thüringer Landesverwaltungsamt - Berufe des Gesundheitswesens, Landesprüfungsamt - Referat 720
Postal address
99423 Weimar
Telephone
+49 361 57332-1356Transport connection
Parking spaces
Tiefgarage Atrium,
Number: 840
Fees: yes
