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§ 56 -Provisions Governing Fines

§ 56 -Provisions Governing Fines

§ 56 -Provisions Governing Fines

§ 56 -Provisions Governing Fines

(1) Anyone who wilfully on recklessly commits one of the following shall be deemed to have commited aministrative offence:

  1. failing to nominate a member of the senior management level in violation of §4 paragraph 3 sentence 1;
  2. failing to identify or assess the risk in violation of §5 paragraph 1 sentence 1;
  3. failing to document or review on a regular basis and, where applicable, up-date the risk analysis in violation of §5 paragraph 2;
  4. failing to establish appropriate buisness and customer-related internal safeguards in violation of §6 paragraph 1 or failing to up-date buisness and customer related internal safeguards on a regular basis in case of need in violation of §6 paragraph 1 sentence 3,
  5. failing to operate or up-date data processing in violation of §6 paragraph 4;
  6. failing to comply with an enforceable ruling pursuant to §6 paragraph 9;
  7. failing to appoint a money laundering officer or his/her deputy in violation of §7 paragraph 1;
  8. failing to comply or timely comply with a with an enforceable ruling pursuant to §7 paragraph 3;
  9. failing to record or keep or to record or keep correctly or completely a statement, information, results of examination, recitals or a comphrehensible reasoning of the assessment results in violation of §8 paragraph 1 and 2;
  10. failing to keep or to keep for at least five calendar years a record or other evidence in violation of §8 paragraph 4 sentence 1;
  11. failing to create group-wide uniform arrangements, procedures and measures in violation of §9 paragraph 1 sentence 2 ;
  12. failing to ensure an effective implementation of group-wide uniform obligations and measures in violation §9 paragraph 1 sentence 3;
  13. failing to ensure compliance with applicable laws by the undertakings which are part of the group in violation of §9 paragraph 2;
  14. failing to ensure, in violation of §9 paragraph 3 sentence 2, that the undertakings which are part of the group and resident in a third state take additional measures to effectively counter the risk of money laundering or terrorist financing;
  15. acting in contravention of an enforceable ruling pursuant to §9 Paragraph 3 sentence 3;
  16. failing to identify or to identify correctly, completely or in the prescribed manner a customer in violation of §10 paragraph 1 Number 1
  17. failing to verify, in violation of §10 paragraph 1 Number 2,whether the customer is acting behalf of a beneficial owner;
  18. failing to identify the beneficial owner in violation of §10 paragraph 1 Number 2;
  19. failing to collect information on the purpose and the achieved nature of the buisness relationship or failing to evaluate this information in violation of §10 paragraph 1 Number 3;
  20. failing to ascertain or incorrect ascertainment whether the customer or the beneficial owner qualifies as a politically exposed person, a family member or a person known to be a close associate in violation of §10 paragraph 1 Number 4;
  21. failing to monitor or monitor correctly, on an going basis, the buisness relationship, including the transactions executed in its course, in violation of §10 paragraph 1 Number 5;
  22. failing to determine the concrete scope of the general due diligence obligations in accordance with the respective risk of money laundering or terrorist financing in violation of §10 paragraph 2 sentence 1;
  23. failing to argue that the scope of the measures taken by him with respect to risks of money laundering and terrorist financing is to be considered as appropriate in violation of §10 paragraph 2 sentence 4 or in violation of §14 paragraph 1 sentence 2;
  24. failing to comply with the due diligence obligations in violation of §10 paragraph 6;
  25. failing to report in violation of §10 paragraph 8;
  26. establishing continuing, failing to terminate by notice or by other ways the buisness relationship or performing the transation in violation of §10 paragraph 9; §14 paragraph 3 or § 15 paragraph 9;
  27. failing to timely identify the customer, the persons appearing for the customer on the beneficial owner in violation of § 11 paragraph 1;
  28. failing to timely identify the counterparties in violation of § 11 paragraph 2;
  29. failing to perform a renewed identification in violation of § 11 paragraph 3 sentence 2;
  30. failing to collect or completely collect the information in violation of § 11 paragraph 4 Number 1 or 2;
  31. failing to find out the name of the beneficial owner for verification of his identity in violation of §11 paragraph 5 sentence 1;
  32. failing to ensure, in violation of § 14 paragraph 2 sentence 2, the examination for transactions and monitoring of buisness relationships to an extent which enables the detection and reporting of unusual or suspicious transactions;
  33. failing to fulfil enhanced due diligence obligations in violation of § 15 paragraph 2;
  34. failing to obtain the consent of a member of the senior management level before the establishment or continuation of buisness relationship in violation of § 15 paragraph 4 Sentence 1 Number 1 in conjunction with paragraph 2 or paragraph 3 Number 1;
  35. failing to make measures in violation of §15 paragraph 4 sentence 1 Number 2 in conjunction with paragraph 3 Number 1;
  36. failing to subject the buisness relationship to enhanced on-going monitoring in violation of § 15 paragraph 4 sentence 1 Number 3 in conjunction with paragraph 2 or paragraph 3 Number 1;
  37. failing to examine the transaction in violation of § 15 paragraph 5 Number 1 in conjunction with paragraph 3 Number 2;
  38. failing to subject the underlying buisness relationship to enhanced on-going monitoring in violation of §15 paragraph 6 Number 1 in conjunction with paragraph 3 Number 3;
  39. failing to collect sufficient information in violation of § 15 paragraph 6 Number 1 in conjunction with paragraph 3 Number 3;
  40. failing to obtain the consent of a member of the senior management level in violation of § 15 paragraph 6 Number 2 in conjunction with paragraph 3 Number 3;
  41. failing to define or to document the responsibilities in violation of § 15 paragraph 6 Number 3 in conjunction with paragraph 3 Number 3;
  42. failing to take measures in violation of § 15 paragraph 6 Number 4 or Number 5 in conjunction with paragraph 3 Number 3;
  43. acting in contravention of an enforeceable ruling of the supervisory authority in violation of §15 paragraph 8;
  44. admittiing a gambler to gaming in violation of §16 paragraph 2;
  45. accepting a deposit or other relayable monies in violation of § 16 paragraph 3;
  46. permitting transactions of a gambler to an obliged entity by ways other than those referred to in §16 paragraph 4 Number 1 and 2 in violation of § 16 paragraph 4;
  47. failing to comply with ones obligations to inform in violation of §16 paragraph 5;
  48. executing transactions to a payment account in violation of §16 paragraph 7 sentence 1 Number 2;
  49. failing to specify in sufficient detail the purpose of use despite the encouragement by the supervisory authority in violation of § 16 paragraph 7 sentence 2;
  50. failing to perform or timely perform the complete identification in violation of § 16 paragraph 8 sentence 3;

Compliance & Geldwäschebeauftragter – § 56 – Provisions Governing Fines

Unsere Praxisseminare Geldwäsche und Fraud – BasisseminarGeldwäsche und Fraud – AufbauseminarGeldwäsche & Fraud – Update und Geldwäsche & Fraud – Forum verschaffen Ihnen einen umfassenden Überblick zu den aktuellen gesetzlichen Neuerungen und unterstützen Sie dabei, Geldwäsche- und Betrugsstrukturen zu erkennen, zu bewerten und rechtzeitig zu verhindern. In den Compliance-Seminaren wie ComplianceCompliance für VertriebsbeauftragteNeue Compliance-Funktion gemäß MaRisk oder auch Compliance im Fokus der Bankenaufsicht werden Ihnen die Ausgestaltung der Schnittstellen zwischen Compliance, Datenschutz, IT, Zentrale Stelle und Interner Revision näher gebracht. Auch die Mindestanforderungen zum Aufbau eines Gesamt-IKS werden hier beispielsweise näher erläutert.

Zudem haben Sie die Chance, nach Teilnahme der Seminare die Zertifizierungslehrgänge zum Compliance Officer, zum AML & Fraud Officer oder zum Geldwäsche-Beauftragter zu absolvieren.

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