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. You can find out more here

Service providers for companies and for fiduciary assets or trustees who do not also belong to the professions listed in Section 2 (1) Nos. 10 to 12 AMLA must register with the competent supervisory authority if they are not already subject to registration, entry, authorization or licensing under other provisions.

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) performing the management or executive function of a legal entity or partnership, performing the function of a partner in a partnership or performing 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 (3) AMLA,

e) Performing 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 the transparency requirements corresponding to 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 assume 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

a) Formation 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 in accordance with 3 paragraph 3 AMLA,

d) performing the function of a trustee for a legal arrangement in accordance with Section 3(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 the transparency requirements corresponding to 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 its specific activity.
• The supervisory authority confirms the registration.

Approx. 2 weeks

none

• Registration obligation for service providers in the context of money laundering supervision Registration
• 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 are not already subject to registration, entry, authorization or approval under other regulations.
• Responsible: District regulatory authority

Forms: no

Online procedure possible: yes

Written form required: no

Personal appearance required: no