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§8 – Obligation – Recording and Retention – AML German Version

§8 – Obligation – Recording and Retention – AML German Version

§8 - Obligation - Recording and Retention - AML German Version

§8 – Obligation – Recording and Retention – AML German Version

8 Obligation of Recording and Retention

(1)An obliged entity has to record and retain

  1. information gathered and collected inthe frame of the fulfilment of the duediligence obligations

a) concerning customers, where applicable on the persons and beneficial owners acting for the customers;

b) on business relationships and transactions, in particular’transaction vouchers, to the extent that they may be for the examination of transactions;

  1. sufficient information on the executionand the results of the risk assessmentpursuant to § 10 paragraph 2, § 14paragraph 1 and § 15 paragraph 2 and on the appropriateness of the measures taken on the basis of these results;
  2. the results of the examination pursuantto § 15 paragraph 5 Number 1, and
  1. the recitals and a comprehensible argumentation of the assessment result of a factual constellation with respect to the reporting obligation pursuant to § 43 paragraph 1.The records pursuant to sentence 1 Number 1 Letter a) include records on the measures taken for identification of the beneficial owner in case of legal persons within the meaning of § 3 paragraph 2 sentence 1.

(2) In cases covered by § 12 paragraph 1 sentence 1 Number 1, also the nature, the number and the public authority which issued the document presented for verification of the identity have to be recorded for fulfilment of the duty pursuant to paragraph 1 sentence 1 Number 1 Letter a). To the extent that documents were presented for verification of the identity of a natural person pursuant to § 12 paragraph 1 sentence 1 Number 1 or 4 or documents pursuant to § 12 paragraph 2 were presented for verification of the identity of a legal person or documents defined due to a regulation issued pursuant to § 12 paragraph 3 were presented or used, the obliged entities are entitled and obliged to produce complete copies of these documents or records or to capture these completely in optically digitized form. They shall be deemed as record within the meaning of sentence 1. If a renewed identification is dispensed with pursuant to § 11 paragraph 3 sentence 1, the name of the person to be identified and the circumstance that this person was identified on an earlier occasion have to be recorded. In cases covered by § 12 paragraph 1 sentence 1 Number 2, the service and smart-card specific characteristic and the fact that the verification of the identity was performed on the basis of an electronic proof of identity have to be recorded instead of the nature, the number and the public authority which issued the document presented for verification of the identity. In case of verification of the identity on the basis of a qualified signature pursuant to § 12 paragraph 1 sentence 1 Number 3 also its validation has to be recorded. In the event of collection of information by inspection of a register or schedule kept in electronic form pursuant to § 12 paragraph 2, the production of a printout shall be deemed as recording of the information included therein.

§8 – Obligation – Recording and Retention – AML German Version

(3) Records may also be stored in digital form on a data carrier. The obliged entities have to ensure that the stored data correspond with the verified information; are available during the entire term of the retention period, and can be made readable at any time within an appropriate period.

(4) Records and other vouchers as defined in paragraphs 1 to 3 have to be retained for five calendar years and destroyed promptly subsequently. The above does not affect any other statutory regulations on recording and retention. In cases covered by § 10 paragraph 3 sentence 1 Number 1, the retention period begins with the expiry of the calendar year in which the business relationship terminates. In the other cases, the retention period begins with the expiry of the calendar year in which the respective information was identified.

(5)To the extent that records which are to be retained have to be presented to a public entity, § 147 paragraph 5 of the Fiscal Code shall apply analogously to the making readable of documents.

Compliance & Geldwäschebeauftragter – §8 – Obligation – Recording and Retention – AML German Version

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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