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Workshop on “How to Complete the Identity Verification Form (for use where the customer is a corporation)” – a continuation of the seminar on Circular No.18-01 (CR) Guidelines on Compliance of Anti-Money Laundering and Counter-Terrorist Financing Requirements for the Estate Agency Sector

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Page 1: Workshop on “How to Complete the Identity Verification Form (for … · 2018-07-10 · Workshop on “How to Complete the Identity Verification Form (for use where the customer

Workshop on “How to Complete the

Identity Verification Form (for use where

the customer is a corporation)” –a continuation of the seminar on Circular No.18-01 (CR)

Guidelines on Compliance of Anti-Money Laundering

and Counter-Terrorist Financing Requirements for the

Estate Agency Sector

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Copyright and Disclaimer

� The copyright of the handouts of this seminar vests in the Authority.No part of them may be copied, reprinted or excerpted in any wayor in any place for any purpose, unless prior written consent isobtained from the Authority.

� The contents of the training materials, whether verbal or written,are the speaker’s opinion and for reference only. Any informationgiven does not constitute legal advice. If necessary, participantsshould seek legal advice.

� The Authority or the speaker shall not be held liable for any loss ordamage incurred or suffered in connection with, arising from, or inreliance on any error, omission, statement or misstatement in thisseminar (including the handouts and the materials presented).

2

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Outline

� Customer due diligence (“CDD”) measures for a corporatecustomer

� Information of a corporate customer to be collected

� See Identity Verification Form (for use where thecustomer is a corporation)

� How to conduct a company search

� Company incorporated in Hong Kong

� Company incorporated outside Hong Kong

� How to read an annual return

� What is a certificate of incumbency

� Meaning of beneficial owner in relation to a corporation

� Multiple companies in ownership structure

� Director’s declaration

� How to draw an ownership chart

3

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CDD measures for a customer which is a corporation

Identification Verification Remarks

Customer� �

• documents, data or information provided by:-

a) a governmental body

b) the relevant regulatory body e.g. EAA

c) an authority in a place outside Hong

Kong that performs functions similar to

those of the relevant regulatory body; or

d) any other reliable and independent

source that is recognised by the relevant

regulatory body

Beneficial Owner� �

• take reasonable measures to verify

• so as to understand the ownership and

control structure of the legal person or trust;

• Simplified CDD

Representative� �

• take reasonable measures to verify

• verify the representative’s authority to act on

behalf of the corporation

4

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Information of a corporate customer to be collected

(a) Full name of the corporation;

(b) Date and place of incorporation;

(c) Registration or incorporation number;

(d) Address of registered office in the place of incorporation;

(e) Name(s) of the current director(s); and

(f) Name(s) of the current shareholder(s)

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“Customer” refers to a seller (who is

often the owner(s) of the property

concerned) or a buyer of the

property.

Annual Return

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772211

GOLD LIMITED

金金有限公司金金有限公司金金有限公司金金有限公司

Company registration no.:

772211

Date of incorporation:

8 October 2001

Name of corporation:

GOLD LIMITED

7

Place of incorporation:

Hong Kong

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Company search

88

Website of Companies Registry: https://www.icris.cr.gov.hk/csci/

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9

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GOLD LIMITED

10

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772211

GOLD LIMITED

金金有限公司

0772211

GOLD TWO LIMITED

金二有限公司GOLD ONE LIMITED

金一有限公司

11

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12

772211

GOLD LIMITED

金金有限公司

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• 13

772211

GOLD LIMITED

金金有限公司金金有限公司金金有限公司金金有限公司

13

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772211

GOLD LIMITED

金金有限公司金金有限公司金金有限公司金金有限公司

14

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772211

GOLD LIMITED

金金有限公司金金有限公司金金有限公司金金有限公司

15

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16

772211

772211

772211

772211 772211

GOLD LIMITED 金金有限公司金金有限公司金金有限公司金金有限公司

772211

772211

Unit 1, 1/F, Big Boss Building,

No. Big Boss Road, Kowloon

陳小文

Siu Man

陳小文

Siu Man

Chan Siu Man

((((陳小文陳小文陳小文陳小文))))Unit 1-2, 2/F, YY

Building, Tuen Mun,

N.T.

Wong Tai Wai

((((黃大偉黃大偉黃大偉黃大偉))))

Unit 1-2, 2/F, YY

Building, Tuen Mun,

N.T.

黃大偉黃大偉黃大偉黃大偉

Tai Wai

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17

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772211

18

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19

772211

陳小文陳小文陳小文陳小文

Siu Man

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20

772211

陳小文陳小文陳小文陳小文

Siu Man

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21

772211

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772211

Chan Siu Man

陳小文

Wong Tai Wai

黃大偉

Unit 1-2, 2/F, YY

Building, Tuen Mun,

N.T.

Unit 1-2, 2/F, YY

Building, Tuen Mun,

N.T.

22

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23

772211

黃大偉黃大偉黃大偉黃大偉

Tai Wai

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GOLD LIMITED 金金有限公司金金有限公司金金有限公司金金有限公司

陳小文陳小文陳小文陳小文

CHAN

Siu Man

772211

772211772211

24

24

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GOLD LIMITED 金金有限公司金金有限公司金金有限公司金金有限公司

陳小文陳小文陳小文陳小文

CHAN

Siu Man

772211

25

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772211

26

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772211

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GOLD LIMITED

8 October 2001

Hong Kong

772211�

28

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772211�

29

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772211

GOLD LIMITED 金金有限公司

Unit 1, 1/F, Big Boss Building,

No. Big Boss Road, Kowloon

30

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772211�

Unit 1, 1/F, Big Boss Building,

No. Big Boss Road, Kowloon

31

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Chan Siu Man

Wong Tai Wai

Chan Siu Man

Wong Tai Wai

32

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Certificate of

Registration of

Oversea Company

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Annual Return

of Registered

Non-Hong Kong

Company

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37

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38

WUN

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39

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40

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41

LEUNG

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Certificate of Incumbency

• An official document

• No prescribed format

• Sets out how the company is formed or details the current

corporate structure

• Normally includes information on country of registration,

official address and details of the company officer and

shareholders

• Signed by the registered agent that formed the company

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“Representative” refers to a person

who acts for and on behalf of the

customer e.g. a director or

authorised signatory of the

customer.

e.g. passport or other document

containing a photograph

establishing the identity and

nationality, domicile or place of

permanent residence of the holder.

For more specific examples, please

see Appendix C

e.g. driving licence with photo

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Please refer to paragraph 3 of the

Important Notes of this form. Where

SCDD applies, the licensee is not

required to identify the beneficial owner

or to verify his identity. For details,

please refer to paragraphs

4.20-4.24 of Circular No.18-01(CR).

An individual owning or

controlling, directly or indirectly,

more than 25% of the issued share

capital or voting rights or who

exercises ultimate control over the

management of the corporation

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772211

Chan Siu Man

陳小文

Wong Tai Wai

黃大偉

Unit 1-2, 2/F, YY

Building, Tuen Mun,

N.T.

Unit 1-2, 2/F, YY

Building, Tuen Mun,

N.T.

49

Sample where

shareholders

are individuals

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Sample where

the shareholder

is a corporation167500

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Silver

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To insert additional copies