Registrierungspflicht für Servicedienstleister im Rahmen der Geldwäscheaufsicht Registrierung

§Section 51 (5b) of the Money Laundering Act (GwG)

Obligated parties pursuant to Section 2 (1) no. 13 of the Money Laundering Act (GwG) must register with the supervisory authority, stating their specific activity, if they do not already require registration, entry, permission or authorization under other regulations.

Service providers for companies and for trust assets or trustees who do not also belong to the professions listed under Section 2 (1) numbers 10 to 12 of the German Money Laundering Act (GwG) must register with the competent supervisory authority if they do not already require registration, entry, permission or authorization under other regulations.

This obligation only applies to service providers who provide one of the following services for third parties:

(a) Establishing a legal entity or partnership,

b) Exercising the management or executive function of a legal entity or partnership, exercising the function of a partner in a partnership or exercising a comparable function,

c) providing a registered office, a business, administrative or postal address and other related services for a legal entity, for a partnership or for a legal arrangement pursuant to Section 3 (3) AMLA,

d) exercising the function of a trustee for a legal arrangement pursuant to Section 3 para. 3 AMLA,

e) exercising the function of a nominal shareholder for another person who is not a company listed on an organized market pursuant to Section 2 (11) of the German Securities Trading Act (Wertpapierhandelsgesetz) that is subject to transparency requirements under Community law with regard to voting rights or equivalent international standards,

f) creation of the possibility for another person to exercise the functions specified in letters b, d and e,

Note: Unless authorized to do so under other provisions, the supervisory authority may remove members of the senior management of the obliged entity if there are reasonable grounds to believe that they are not fit and proper.

The supervisory authority may prohibit obliged entities where there are reasonable grounds to believe that the beneficial owner does not possess the necessary aptitude or reliability from providing the aforementioned services.

• You must prove your personal and financial reliability.
• Personal identification, either by using the federal ID or a copy of your identity card.
• Non-EU citizens: residence permit (copy of front and back)
• Information on the type, scope and location of the activity from the person responsible.
• Extract from the central trade register, if applicable
• If necessary, further proof upon request by the supervisory authority

You are a service provider for companies and for trust assets or a trustee and do not simultaneously belong to the professions listed under Section 2 (1) numbers 10 to 12 GwG. They do not require any application, registration, authorization or approval under other regulations outside the Money Laundering Act.

They provide one of the following services for third parties:

(a) Establishment of a legal entity or partnership,

b) Exercising the management or executive function of a legal entity or a partnership, exercising the function of a partner in a partnership or exercising a comparable function,

c) providing a registered office, a business, administrative or postal address and other related services for a legal entity, for a partnership or for a legal arrangement pursuant to Section 3 (3),

d) performing the function of a trustee for a legal arrangement in accordance with Article 3 paragraph 3 AMLA,

e) exercising the function of a nominal shareholder for another person who is not a company listed on an organized market pursuant to Section 2 (11) of the German Securities Trading Act that is subject to transparency requirements under Community law with regard to voting rights or equivalent international standards,

f) creating the possibility for another person to exercise the functions referred to in letters b, d and e.

Registration is free of charge.

The obligated party notifies the supervisory authority of their specific activity.

The supervisory authority confirms the registration.

not applicable, it is only a registration.

none

Further information on money laundering prevention can be found on the Saarland's topic page

As this is merely a registration/notification, there is no legal remedy.

Obligated parties pursuant to Section 2 (1) no. 13 of the Money Laundering Act (GwG) must register with the supervisory authority, stating their specific activity, if they do not already require registration, entry, permission or authorization under other regulations.

State Administration Office
At the market 7
66386 St. Ingbert

Phone: +49 681 501-00
Email: gwg@lava.saarland.de

Forms: no

Online procedure possible: yes

Written form required: no

Personal appearance required: no