Bestellung eines Gruppen-Geldwäschebeauftragten Entgegennahme

§ Section 9 para. 1 sentence 2 no. 2 in conjunction with 7 para. 4 sentence 1 of the Money Laundering Act (GwG)

If you are both an obliged entity and the parent company of a group in accordance with the German Money Laundering Act (GwG), you are obliged to appoint a group money laundering officer and a deputy.

The supervisory authority must be notified in advance of the appointment and dismissal of the group money laundering officer and his/her deputy.

The Group Money Laundering Officer is responsible for drawing up a uniform Group-wide strategy for the prevention of money laundering and terrorist financing and for coordinating and monitoring its implementation.

The Group Money Laundering Officer does not replace any money laundering officers that may be required at the companies belonging to the group, but performs an additional function.

The Group Money Laundering Officer shall establish binding cross-company procedures for the implementation of money laundering obligations in the branches, subsidiaries and group companies in Germany and abroad. He/she is authorized to issue instructions for their implementation.

As part of his/her duties, the Group Money Laundering Officer must keep himself/herself continuously informed about compliance with money laundering obligations at the branches, subsidiaries and group companies in Austria and abroad. Furthermore, he/she must ensure at regular intervals - also through on-site visits - in particular that the obligations under money laundering law are being complied with and that the necessary measures are being taken and effectively implemented. If necessary, he/she must also take cross-company measures.

The parent company must ensure that the group money laundering officer or employees appointed by him/her are authorized to obtain audit reports, if available, in relation to all group branches, subsidiaries and group companies in Germany and abroad. This authority also includes the unrestricted right to carry out spot checks as part of the aforementioned tasks. The parent company must also ensure that the Group Money Laundering Officer, the employees appointed by him/her and the Group Internal Audit department have group-wide access to all information, documents and files relevant to the fulfillment of money laundering obligations, in particular regarding all customers, beneficial owners and all business relationships and transactions within or outside such business relationships.

The Group Money Laundering Officer must take precautions to protect personal data.

• Notification of the appointment or dismissal of a Group Money Laundering Officer and his/her deputy

• Proof of authorization to report
• Current excerpt from the commercial register, if applicable
• Proof of appointment as group money laundering officer or
• Proof that the applicant is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement)

Registered companies should submit a current excerpt from the commercial register when submitting their application. Legal entities being established (GmbH, AG) submit the articles of association or articles of incorporation.

• The supervisory authority reserves the right to request information on the qualifications of the group anti-money laundering officer (e.g. overview of professional career, proof of participation in anti-money laundering training courses, etc.) and his/her reliability (e.g. in the form of information from the Federal Central Register or, if applicable, from the Central Trade Register).

Obliged parties under the Money Laundering Act

Only natural or legal persons who are obligated parties under the Money Laundering Act are obliged to report.

Personal reliability and qualifications

The future money laundering officer and his/her deputy must have the necessary personal reliability and professional qualifications.

• As an obliged entity, you notify the supervisory authority in advance of the appointment or dismissal of a group money laundering officer and his/her deputy for your company
• Your notification will be reviewed by the competent authority
• You will receive a final notification
• If the person does not have the required qualifications or reliability, the appointment as group money laundering officer or deputy must be revoked at the request of the supervisory authority and a new person must be appointed

• In the event of a request for dismissal by the authority (Section 9 para. 1 no. 2 in conjunction with Section 7 para. 4 sentence 2 GwG):
  • Objection
  • Action for annulment

• Appointing or dismissing a group money laundering officer ("disengaging")
• Under certain conditions, obliged entities under the Money Laundering Act (GwG) are obliged to appoint a group money laundering officer and a deputy.
• The appointment and removal of the group money laundering officer and his/her deputy must be reported to the supervisory authority.

• Forms: yes
• Online procedure possible: yes
• Written form required: no
• Personal appearance required: no