Money Laundering and Proceeds of Crime Act
Act No. 4/2013
Provided that a directive9 prescribe circumstances, such as where the ownership relates to
public companies, in which such identification and verification is not necessary.
16 Timing of customer identification and verification
(1) The identification and verification of the identity of each customer, and obtaining of
other information required by section 15, shall take place before the establishment of an
account, or of a business relationship (or before the carrying on of further business, if money
laundering or financing of terrorism is suspected, or if doubts exist about the veracity or
adequacy of previously-obtained previously obtained identity documents):
Provided that the Director may, through a directive, prescribe the circumstances in which
the verification of identity may be completed as soon as reasonably practicable after the
commencement of the business if—
(a) the risk of money laundering or financing of terrorism is effectively managed; and
(b) a delay in verification is unavoidable in the interests of not interrupting the normal
conduct of business.
(2) A financial institution or designated non-financial business or profession shall apply the
identification and verification requirements of section 15 to customers and beneficial owners
with which it had a business relationship at the time of the coming into force of this Act on a
risk-sensitive basis depending on the type and nature of the customer, business relationship,
product or transactions, or as may otherwise be prescribed by directives or regulations.
(3) Where a financial institution or designated non-financial business or profession has
entered into a continuing business relationship with a person whose identity and other
particulars it has confirmed and established in terms of section 15, the institution, business or
profession concerned shall take reasonable steps to ensure that it is informed of, or ascertains,
any changes in that identity or those particulars.
17 Particulars of customer identification
To the extent that the following particulars are not disclosed by the identity document in
question, every financial institution and designated non-financial business or profession shall
obtain and verify, when required to do so as part of their obligations under sections 6, the
following particulars in respect of a customer, true as at the date referred to in section 6—
(a) for a customer who is an individual, his or her the full name and address and date and
place of birth;
(b) for a legal person the corporate name, head office address, identities of directors, proof
of incorporation or similar evidence of legal status and legal form, provisions
governing the authority to bind the legal person, and such information as is necessary
to understand the ownership and control of the legal person;
(c) for legal arrangements, the names of every the trustee, the settlor, and beneficiary of an
express trust, and of any other party with authority to manage, vary or otherwise
control the arrangement;
(d) in addition to the identity of the customer, the identity of any person acting on behalf
of a customer, including evidence that such person is properly authorised to act in that
capacity;
(e) information on the intended purpose and nature of each business relationship;
(f) sufficient information about the nature and business of the customer to permit the
financial institution or designated non-financial business or profession to fulfil its
obligations under this Act.
9
(sic) Word/s missing at this point (“may”?).
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