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ANTI MONEY LAUNDERING: SPECIFIC RISK ASSESSMENT FORM AND CUSTOMER SELF-DECLARATION

In light of the regulatory requirement that reinforces the safeguards with respect to security in terms of the prevention of risks related to money laundering and terrorist financing, Studio Ferrari & Associati submits the following document for the assessment of specific risks related to professional relationships and the Customer’s self-declaration regarding the possibility of framing the relationship as risky or not in the terms indicated.

The Legislative Decree of 21 November 2007, number 231, requires our office to profile, in accordance with its art. 18, any ongoing relationship of significant value, and by value meaning not only the agreed consideration, but also the values object of the service.

Specifically, the identification of the relationship, and the consequent adequate profiling of the customers, in compliance with the regulatory provisions pursuant  to  art. 16  of  the  aforementioned  law, requires the Professional to:

  • Identify the Customer ;
  • Identify any Beneficial Owner;
  • Obtain and provide clear information on the purpose and nature of the service;
  • Monitor constantly     the evolution of the conditions during the course of the professional relationship.

With respect to the identification of the Client , Studio Ferrari & Associati has an obligation to register, by collecting a digital copy of identity documents, the personal details of the subjects requesting the establishment of a professional relationship with the Firm.

The request for this information and the collection of the respective documentation is not mandatory in the case of first introductory meetings, aimed at framing the issue and in which specific and/or sensitive information is not provided.

The identification of the Beneficial Owner reflects the need to register, for the purposes referred to in the aforementioned Legislative Decree 231/2007, the identity of those who, for legal constraints, are to be agents of the identified Customer or various other reasons, and represent in fact the first and direct interested in establishing the professional relationship.

For example, we point out the need to identify all the Partners of partnerships and the Shareholders with qualified shareholdings (usually exceeding 25% of the voting rights) in joint stock companies.

The mutual obtaining of clear information relating to the purpose and nature of the service takes place through the compilation of a short questionnaire attached to this letter, or through the signing of a specific agreement with Studio Ferrari & Associati.

This questionnaire is aimed both at identifying the mutual commitments functional to the establishment of a profitable professional relationship, and at identifying any elements or cases of risk within the terms referred to in the above law.

 

In compliance with the guidelines indicated by the National Council of Chartered Accountants and Accounting Experts, a summary statement of the risk determined with quantitative criteria may be attached to this information sheet, aimed at determining the risk class associated with the specific relationship and the specific Client.

In order to ensure constant compliance with the law, Studio Ferrari & Associati has the right to re-propose questionnaires and independently redetermine the level of risk associated with the individual relationship and the individual customer, thus ensuring constant control .

 

Should the Professional, in the course of carrying out his assignment, find any indications of suspicious activities carried out by the client, he is obliged to report to the authorities , even without giving prior notice to the client, the existence of factsor situations potential risk of money laundering, self-laundering or financing of terrorist activities.

 

 

Studio Ferrari & Associates , guarantees the protection of the privacy of the customer , its counterparties and professional issues for everyone were to communicate sensitive or confidential information type, in compliance with the legislation on privacy as set forth in the Legislative Decree 196/2003 , and pursuant to the recent community legislation referred to in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

 

 

 

 

Model P04 – DECLARATION FOR THE PURPOSES OF ANTI-MONEY LAUNDERING REGULATION

P04.1 – CUSTOMER DECLARATION

 

In compliance with the provisions of Legislative Decree 231/2007 and subsequent amendments and additions, the informationbelow is provided, assuming all civil, administrative and criminal liability for untrue statements.

Surname                                                                                                                

First name                                                                                                                      

 

Birth and residence data as per identification document presented

Residence data updated with respect to the identification document presented

declares

to request the professional service for himself

to request professional services on behalf of:

Surname and name                                                                                              Born in      on                                                                                                                                                             Resident                                                                                                                                                                             Street                                                                                                                    Fiscal Code                                               Identification document details                                                                                                                                          Working activity                                             

 

or

 

Name                                                                                                

Registered office in                                                                                                   Registered at the publicregister of                                                                                                                                         Businesssector           

As a legal representative with the necessary powers as per the documentation delivered.

to be a PEP (Politically Exposed Person) in that

(as defined by Article 1, paragraph 2, letter o) of Legislative Decree 231/2007- it means: member of Parliament, Members of Government, Public Officer, Director of a state owned company or a subsidiary company):

(indicate public office or family / close relationship with the public office holder)

not to be a PEP (Politically Exposed Person)

(as defined by Article 1, paragraph 2, letter o) of Legislative Decree 231/2007):

provides the following information for the purpose of identifying the beneficial owner (as defined by art.1, paragraph 2, letter u) and by art. 2 of the technical annex to Legislative Decree 231/2007, including the indication of the quality of PEP – Politically Exposed Person)

non-existence of a different beneficial owner

is / are beneficial owners:

Surname and name                                                                                              Born in      on                                           Resident                                                                                                              Street                                                     

 

 

Identification document details                                                                        PEP           Yes  No

 

Surname and name                                                                                              Born in the           

Resident                                                                                                              Street                                                      Identification document details                                                                       PEP     Yes No

Surname and name                                                                                              Born in the           

Resident                                                                                                              Street                                                      Identification document details                                                                       PEP     Yes No

Professional service required                                                                             

 

Purpose and intended nature of the professional service: (Article 18 paragraph 1 letter c) of Legislative Decree 231/2007)

 

 

Payment methods used:

(Article 36 paragraph 2 letter b) of Legislative Decree 231/2007)

 

 

Origin of funds:

(if necessary according to the provisions of article 19 paragraph 1 letter c) of Legislative Decree 231/2007)

 

 

 

The undersigned declares to have been informed of the fact that failure to release all or part of the above information affects the ability of the professional firm to execute the professional service requested and undertakes to communicate withoutdelay any possible integration or variation of the data indicated above. The undersigned declares, pursuant to Legislative Decree 231/2007, to have received adequate information regarding the obligations and effects referred to in the aforementioned legislation.

The undersigned also acknowledges that the communication of personal data to third parties will be carried out by the professional firm in fulfillment of legal obligations.