banca intesa beograd€¦ · web viewin case when this questionnaire has to bi fulfilled in the...

Appendix No. 1

QUESTIONNAIRE FOR THE CLIENT - ENTERPRENEUR, LEGAL PERSON, PERSON UNDER FOREIGN LAW AND

PERSON UNDER CIVIL LAW

The purpose of data gathered by the Bank through this Questionnaire, is the introduction of the client, in terms of obligations prescribed by the Law on the Prevention of Money Laundering and the Financing of Terrorism, other legislation of the Republic of Serbia, as well as the acts of the Parent Bank.On the Bank’s requirement, the client is obligated to provide all necessary valid information and documentation, to allow the Bank at least the following:- identification and verification of the identity of the client and its beneficial owner *, - obtaining and assessing the credibility of information on the purpose and intended nature of a business

relationship or transaction,- obtaining and assessing the credibility of information on the origin of property which is or which will be the

subject matter of the business relationship or transaction,with the aim of enabling the Bank to regularly monitor business activities of the client, and to verify compliance of the client’s activity with the nature of business relationship, its usual scope and type of business.

If the Bank is unable to perform the above-stated due dilligence actions and measures, business relationship can not be established, and if the business relationship has already been established, it must be terminated.

By signing this Questionnaire, the employee of the Bank confirms that it is fully, clearly and duly completed, that he/she identified and verified the identity of the client, purpose of business relationship and that the information regarding the origin of property that is, or will be, the subject of a business relationship are obtained, meaning the confirmation that the employee of the Bank performed actions and measures listed in the previous part of the Questionnaire.

In case when this Questionnaire has to bi fulfilled in the context of reassessment for the Bank’s existing client, in a situation when on the date of signing this Questionnaire, the ownership structure of the client is identical to its ownership structure that was determined and documented by the Bank for the purpose of previous assessment, the signature of the client on this Questionnaire means his official confirmation that the content of its ownership documentation that was previously submitted to the Bank, remained unchanged on the day of signing this Questionnaire.Precondition for the above stated method of confirming the actuality of the ownership structure, i.e the content of the client’s ownership documention that the Bank already has, is for responsible employee of the Bank to check whether the Bank really disposes of complete documentation that allows it to know and identify the ownership structure of the client. By signing this Questionnaire in the presented case, the Bank's employee officially confirms that the Bank disposes of complete documentation, allowing him/her to know and identify the ownership structure of the client.

* exemption from the obligation of determination and identification of the beneficial owner - that obligation does not exist in the following two cases, and under the preconditions that the establishment of a business relationship with the Bank is performing in the physical presence of the client’s representative, and that the client is not registered in high-risky state, state that has strategic deficiencies in the system of combating money laundering and terrorism financing:

- if the client is state body, body of an autonomous province or body of a local self-government unit, public agency, public service, public fund, public institute or chamber;

- if the client is a company whose issued securities are included in a regulated securities market located in the Republic of Serbia or in a country where the international standards are at the European Union level or higher.

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

Client’s data:

Business name and legal form: __________________________________________

Registration number: _______________________________ TIN: ______________________________

Date of incorporation: ______________________ Country of incorporation: ________________________

Address of the registrated office:Street and number: _____________________________________________________________________

Place: _________________________ Postal code: _______________ Country: _____________________

Business activity: _______________________________________________________________________

Phone number: ________________________________ Fax: ________________________________

E-mail: ______________________________________________________________________

Additional Client’s data:

Is the client: Foreign company in private

ownership * Trust * Entity for special

purposes - Special Purpose Vehicle (SPV) *

Foundation Humanitarian Organization

* definitions of terms marked with * are at the end of the Questionnaire

Type of user of funds (only for non-profit organizations): Social welfare

Education and training

Protection of civil rights Conservation, promotion and valorization of the

artistic, historical and cultural heritage Conservation and valorization of the nature,

environment and territory General charities

Health help

Scientific research of social interest

Amateur sport

Other activity / other users

Country in which the client performs the major part of its business: ____________________________

Does the client performs a significant and continuous business with the other foreign countries? (If does, to write three most prevalent countries):

1. ________________________ 2. ________________________ 3.__________________________

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

Reason for establishing a business relationship with the Bank: Payments

Disinvestment in the country

Treasury

Procurement

Investments

Payments based on the credit line

Disinvestment abroad

International Payments

Salaries for the employees

Other reason (obligatorily indicate the concrete

reason) ________________________________

Type of business relationship with the bank:

Current account Credit based on mortgage Credit Asset Management

Savings account Securities Insurance Credit card

Safe / Guarantee deposit Internet card

Type of transactions that will be performed through the account: Cash transactions

Time deposits and investments

Non-cash transactions in RSD

Credits, guarantees, letters of credit

Foreign payments

Financial instruments

Other (obligatorily indicate):

________________

Does the client operates in a sector that benefits from public funds, including EU funds (eg, public contracts, health care, waste collection and disposal, renewable energy production)

YES NO

What is the average amount of expected inflows to the account, on annual basis:

Below 100.000 EUR Below 500.000 EUR

Below 100.000 EUR Above 1.000.000 EUR

On which basis will the client realize inflows on its account: Basic business activity

Fees

Awards

Donations of partners, sponsors, etc.

Sale of securities

Sredstva iz inostranstva

Sale

Real estate sales

Donations

Self-financing

Other (obligatorily indicate):

______________________

Annual amount of the expected other incomes (in EUR): _________________________

Whether the business through the client’s account will be also performed in favor of third parties? If YES, please inscribe the data of third parties (their names, countries, beneficial owners):

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

_________________________________________________________________________________

Business partners with whom the client generates the highest turnover (names, countries of registration):A. Suppliers (persons to whom the client makes payments / client’s outflows):• __________________________________________________________________________• __________________________________________________________________________• __________________________________________________________________________

B. Buyers (persons from whom the client realizes inflows):• __________________________________________________________________________• __________________________________________________________________________• __________________________________________________________________________

The client mainly cooperates with business partners engaged in the following activities: Real estate agencies and brokers Road transport Oil and wheat intermediaries Dealers of high technology products (eg,

computers, mobile phones, etc.). Trading in precious metals Consulting and advertising Construction Foreign trust companies Cosmetics Machines / activities related to construction

works Production of renewable energy Cleaning activities Agencije za naplatu potraživanja Agencies for

claim collection IT- trade of services and rights Trust

Amateur sports associations Auctions and art galleries Car dealers (automotive equipment and parts) Pawn shops Custody and money transport Foundations Gambling Money transfer Manufacturing and sale of non-ferrous materials Collection and disposal of waste Health care Tenders Other (obligatorily indicate):

____________________________________

MANAGING STRUCTURE DATA

REPRESENTATIVE 1:

Name and surname:_____________________________________________________________________

UPIN or identification number: _____________________________Date of birth: __________________

Place of birth: _____________________________Country of birth: ____________________________

Citizenship: _________________________________

Permanent residence (from the personal document):

Street and number: ______________________________________________________________________

Place: __________________________Postal code: _________________Country: __________________

Temporary residence (to be filled only if there is the difference between temporary and permanent residence):

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

Street and number: ___________________________________________________________________

Place: ________________________ Postal code: _________________ Country:___________________

Personal document:

Type: __________________________________ Number: ____________________________________

Issuer: ______________________________ Date of issue: ____________________________

Place of issue: ____________________________

Phone number (on work): _________________________ Fax: _________________________

Job status: Employed Self employed Unemployed

Freelancer Pensioner Manager

Student Enterpreneur Housewife

Other (obligatorily indicate): ___________________

Basis for the representation of the client: Representative from the register

Empowered representative Trust

Special empowered representative

Relation between the person who performs business on behalf of the client (representative / empowered representative) and the client itself:

General manager Bankruptcy Administrator Member of the management

Employee Other (indicate):________________

REPRESENTATIVE 2:

Name and surname:_____________________________________________________________________

UPIN or identification number: _____________________________Date of birth: __________________

Place of birth: _____________________________Country of birth: ____________________________

Citizenship: _________________________________

Permanent residence (from the personal document):

Street and number: ______________________________________________________________________

Place: __________________________Postal code: _________________Country: __________________

Temporary residence (to be filled only if there is the difference between temporary and permanent residence):

Street and number: ___________________________________________________________________

Place: ________________________ Postal code: _________________ Country:___________________

Personal document:

Type: __________________________________ Number: ____________________________________

Issuer: ______________________________ Date of issue: ____________________________

Place of issue: ____________________________

Phone number (on work): _________________________ Fax: _________________________

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

Job status: Employed Self employed Unemployed

Freelancer Pensioner Manager

Student Enterpreneur Housewife

Other (obligatorily indicate): ___________________

Basis for the representation of the client: Representative from the register

Empowered representative Trust

Special empowered representative

Relation between the person who performs business on behalf of the client (representative / empowered representative) and the client itself:

General manager Bankruptcy Administrator Member of the management

Employee Other (indicate):________________

OWNERSHIP STRUCTURE DATA:Client is a state body, body of an autonomous province or body of a local self-government unit, public agency, public service, public fund, public institute or chamber:

YES

NO

Client’s issued securities are included in a regulated securities market located in the Republic of Serbia or in a country where the international standards are at the European Union level or higher:

YES

NO

If YES, obligatorily indicate the name of the regulated securities market:_______________________________________________________________________

If the answers to both questions are NO, it is necessary to choose only one of the two columns below, and to fill it by the data of at least one natural person:

If there is at least one physical person who directly or indirectly participates in the capital of the client with 25% or more stake, it is necessary to fill questionnaire in this column below, related to that physical person (or more persons, if there are more of such persons)

Only if there is no physical person who directly or indirectly participates in the capital of the client with 25% or more stake, it is necessary to fill questionnaire in this column below, with personal data of at least one physical person who directly or indirectly has a dominant influence on client’s business management and decision-making

PHYSICAL PERSON 1(WITH 25% OR MORE STAKE IN THE CAPITAL OF THE CLIENT)

PHYSICAL PERSON 1(WHO HAS A DOMINANT INFLUENCE ON CLIENT’S BUSINESS MANAGEMENT AND

DECISION-MAKING)

Name and surname Stake in the client’s capital:

___ %

Date of birthPlace and country of birth

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

Permanent residence (from the personal document)

Street and number:

Place, Postal code:

Country

Temporary residence (only if there is the difference between temporary and permanent residence)

Street and number:

Place, Postal code:

Country:

Personal document

Type:

Number:

Issuer:

Date of issue:

Place of issue:

Whether the physical person 1 (or his/her close family member, or his/her close associate) is the official, in terms of definition stated at the end of the Questionnaire, as follows (round affirmative or negative answer):

- Republic of Serbia official YES NO- Official of a foreign country or of an international organisation YES NO

If the answer on any of the two options from the previous question is YES, please answer the following five questions:

1. The exact name of the public office of the physical person 1: _________________________________________

2. In case that the physical person 1 is the official of a foreign country or of an international organisation, indicate the name of that country, and the name of that international organization: ______________________________

3. Time interval of public office performing: date of beginning _____________ date of the end _____________

4. If the public office holder is not the physical person 1 personally, but his/her close family member or his/her close associate, indicate the name and surname of that physical person, and the type of family or business connection that the physical person 1 has with that person:Name and surname: _______________________________________ Type of family or business connection:_________________________

5. Property origin of the physical person 1, including one that is or will be the subject of a business relationship with the Bank:

personal property acquired through performing of public office personal property acquired by employment not related to the performance of public office personal property acquired by securities trading on financial markets personal property acquired through the sale of real estate or movable property personal property acquired on the basis of the (co)ownership of legal entity property acquired on the gift or inheritance other source of acquiring property, or the origin that is not included in the previously available options

(please specify):________________________________

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1



DECISION-MAKING)


___ %

Date of birthPlace and country of birthPermanent residence (from the personal document)

Street and number:

Place, Postal code:

Country


Street and number:

Place, Postal code:

Country:

Personal document

Type:

Number:

Issuer:

Date of issue:

Place of issue:




1. The exact name of the public office of the physical person 2:_________________________________________

2. In case that the physical person 2 is the official of a foreign country or of an international organisation, indicate the name of that country, and the name of that international organization: ______________________________



Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1


personal property acquired through performing of public office personal property acquired by employment not related to the performance of public office personal property acquired by securities trading on financial markets personal property acquired through the sale of real estate or movable property personal property acquired on the basis of the (co)ownership of legal entity property acquired on the gift or inheritance other source of acquiring property, or the origin that is not included in the previously available options

(please specify):________________________________



DECISION-MAKING)


___ %


Street and number:

Place, Postal code:

Country


Street and number:

Place, Postal code:

Country:

Personal document

Type:

Number:

Issuer:

Date of issue:

Place of issue:




1. The exact name of the public office of the physical person 3:_________________________________________2. In case that the physical person 3 is the official of a foreign country or of an international organisation,

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

indicate the name of that country, and the name of that international organization: ______________________________




personal property acquired through performing of public office personal property acquired by employment not related to the performance of public office personal property acquired by securities trading on financial markets personal property acquired through the sale of real estate or movable property personal property acquired on the basis of the (co)ownership of legal entity property acquired on the gift or inheritance other source of acquiring property, or the origin that is not included in the previously available

options (please specify):________________________________



DECISION-MAKING)


___ %


Street and number:

Place, Postal code:

Country


Street and number:

Place, Postal code:

Country:

Personal document

Type:

Number:

Issuer:

Date of issue:

Place of issue:

Whether the physical person 4 (or his/her close family member, or his/her close associate) is the official, in

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

terms of definition stated at the end of the Questionnaire, as follows (round affirmative or negative answer):



1. The exact name of the public office of the physical person 3:_________________________________________

2. In case that the physical person 3 is the official of a foreign country or of an international organisation, indicate the name of that country, and the name of that international organization: _____________________




personal property acquired through performing of public office personal property acquired by employment not related to the performance of public office personal property acquired by securities trading on financial markets personal property acquired through the sale of real estate or movable property personal property acquired on the basis of the (co)ownership of legal entity property acquired on the gift or inheritance other source of acquiring property, or the origin that is not included in the previously available

options (please specify):________________________________

By signing this Questionnaire, I confirm that the inscribed information are true and I authorize the Bank to check their correctness. I also undertakes to promptly inform the Bank of any change of provided data. I confirm that the Bank has informed me:• that the processing of personal data listed in this Questionnaire is based on the law;• on my rights and obligations regarding the processing of the mentioned data in accordance with the law.

___________________, ______________ _____________________________________Place and date Signature of the client’s representative

Bank’s employee:Name and surname: _________________________________________________________________

Organizational unit: _________________________________________________________________

______________________________ _________________________________ Place and date Signature of the Bank’s

employee

TERMINOLOGY:

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

1. Foreign company in private ownership is a foreign company whose shares are not traded on the open market, regardless of company size, or there is no publicly available information about that company (annual reports, balance sheets, audit reports).

2. Entity for special purposes - Special Purpose Vehicle (SPV) is a company established to achieve narrow and clearly defined goal.

3. Trust is a person under foreign law established by one individual (settlor, trustor) during their lifetime or post-mortem to entrust property to be disposed with and managed by a trustee for the benefit of the beneficiary or for a specifically defined purpose. The trustee has the property title over the property he holds, uses and disposes with for the benefit of the beneficiary or settlor, according to the conditions of the trust; certain operations may be entrusted by a trust deed to the trust protector.

4. Official means an official of a foreign country, official of an international organisation and official of the Republic of Serbia

a) Official of a foreign country means a natural person who holds or who has held in the last four years a high-level public office in a foreign country, such as:

- head of state and/or head of the government, member of the government and their deputies,

- elected representative of a legislative body,- judge of the supreme or constitutional court or of other judicial bodies at a high-level,

whose judgments are not subject, save in exceptional cases, to further regular or extraordinary legal remedies,

- member of courts of auditors, supreme audit institutions or managing boards of central banks,

- ambassador, chargés d'affaires and high-ranking officer of armed forces,- member of managing or supervisory bodies of legal entities majority-owned by the State,- member of the managing body of a political party;

b) Official of an international organisation means a natural person who holds or who has held in the last four years a high-level public office in an international organisation, such as: director, deputy director, member of managing boards or other equivalent function in an international organisation (examples: the European Union (EU), Council of Europe, the United Nations (UN), the International Monetary Fund (IMF / IMF), Organization for Security and Co-operation in Europe (OSCE), Organization for Economic Cooperation and Development (OECD), Organization North Atlantic North Atlantic Treaty organization (NATO), the organization of petroleum Exporting countries (OPEC), World trade organization (WTO), the Asia-Pacific economic forum (APEC), the African Union (AU), etc.);

c) Republic of Serbia official means a natural person who holds or who has held in the last four years a high-level public office in Serbia, such as:

- president of the country, prime minister, minister, state secretary, special advisor to a minister, assistant minister, secretary of the ministry, director of an authority within a ministry and their assistants and director of an independent organisation, as well as their deputies and assistants,

- member of parliament,- judge of the Supreme Court of Cassation, Commercial Appellate Court and Constitutional

Court,- president, vice president and member of the council of the State Audit Institution,- Governor, Vice-Governor, member of the executive board and member of the Council of

the Governor of the National Bank of Serbia,- person entrusted with a prominent office in diplomatic - consular offices (ambassador,

consul general, chargé d’affaires),- member of a managing board of a public enterprise or company majority-owned by the

State;- member of the managing body of a political party;

Code: BIB.(1.0.9.0).PC.006 /13

Appendix No. 1

5. Close associate of an official is a physical person who draws common benefit from property or from a business relationship or who has other sort of close business relationship with the official (e.g. natural person who is the formal owner of a legal person or a person under foreign law, whereas the actual benefit is drawn by the official).

6. Close family member of an official means the spouse or extra-marital partner, parents, brothers and sisters, children and their spouses or extra-marital partners.

7. Beneficial owner is a physical person who owns or controls the client, indirectly or directly. Beneficial owner of a company or other legal person means the following:

(i) a physical person who owns, directly or indirectly, 25% or more of the business interest, shares, voting rights or other rights, based on which participates in controlling the legal person, or who participates in the capital of the legal person with 25% or more of the interest, or a physical person who indirectly or directly has a dominant influence on business management and decision-making;

(ii) a physical person who has provided or provides funds to a company in an indirect manner, which entitles him to influence significantly the decisions made by the managing bodies of the company concerning its financing and business operations;

Beneficial owner of a trust means its settlor, trustee, protector, beneficiary if designated, and the person who has a dominant position in controlling the trust.

Code: BIB.(1.0.9.0).PC.006 /13

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