Registrierungspflicht für Servicedienstleister im Rahmen der Geldwäscheaufsicht Registrierung

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

Certain service providers who work for third parties must register with the supervisory authority.

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) creating the possibility for another person to exercise the functions referred to 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.

Information on the type, scope and location of the activity by the responsible person

You are a service provider for companies and for trust assets or a trustee and do not simultaneously belong to the professions listed in Section 2 (1) Nos. 10 to 12 of the Money Laundering Act.

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

none

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

The supervisory authority confirms the registration.

approx. 2 weeks

none

Obligated parties pursuant to Section 2 (1) no. 13 of the German 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

(§ 2 para. 1 no. 13 GwG):

Ministry of Economic Affairs, Labor and Energy of the State of Brandenburg

Heinrich-Mann-Allee 107,

14473 Potsdam

Tel.: +49 (0) 331 866 -1778 or +49 (0) 331 866 -1735

FAX: +49 (0) 331 866 1583

Mail: geldwaesche@mwae.brandenburg.de