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lunes, 03 de agosto de 2020

 

 

 

 

 

 Prevention of money laundering and terrorist financing

 


   From our company Marti Projects S.L. we want to let you know the existence of the

 Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing.

 

In order to help you in the processing of your possible sales transactions with our company, in this article, we inform you of certain aspects of the aforementioned Law that directly affects this type of operation, be it the case of a legal person or person , regardless of resident or non-resident in Spain. We inform you of the object, the obligations and to which subject it will be applied.

 

                                                         CHAPTER I Law 10/2010

 General disposition

1. The purpose of this Law is to protect the integrity of the financial system and other sectors of economic activity by establishing obligations to prevent money laundering and terrorist financing.

2. For the purposes of this Law, the following activities shall be considered money laundering:

a) The conversion or transfer of assets, knowing that said assets come from a criminal activity or from the participation in a criminal activity, with the purpose of concealing or covering up the illicit origin of the assets or to help people who are involved to evade the legal consequences of their acts.
b) The concealment or concealment of the nature, origin, location, disposition, movement or real ownership of goods or rights over goods, knowing that said goods come from criminal activity or participation in a criminal activity.
c) The acquisition, possession or use of goods, knowing, at the time of receipt, that they come from criminal activity or participation in criminal activity.
d) Participation in any of the activities mentioned in the previous letters, the association to commit these types of acts, attempts to perpetrate them and the fact of helping, instigating or advising someone to carry them out or facilitate their execution.
There will be money laundering even when the conduct described in the preceding letters is carried out by the person or persons who committed the criminal activity that generated the goods.

For the purposes of this Law, goods derived from criminal activity shall be understood as all types of assets whose acquisition or possession originates from a crime, both material and immaterial, movable or immovable, tangible or intangible, as well as legal documents or instruments. Regardless of their form, including electronic or digital, that prove the ownership of said assets or a right over them, including the defrauded quota in the case of crimes against the Public Treasury

Money laundering shall be considered even if the activities that have generated the goods have been carried out in the territory of another State.

3. For the purposes of this Law, terrorism financing shall be understood as the supply, deposit, distribution or collection of funds or goods, by any means, directly or indirectly, with the intention of using them or with the knowledge that they will be used, in whole or in part, for the commission of any of the terrorist offenses established in the Penal Code.

Terrorist financing shall be considered to exist even when the supply or collection of funds or goods has been developed in the territory of another State.

4. For the purposes of this Law and without prejudice to the provisions of the Additional Provision, equivalent third countries shall be considered to be those States, territories or jurisdictions that, by establishing requirements equivalent to those of Spanish legislation, are determined by the Commission for the Prevention of Money laundering and monetary offenses.

The qualification as an equivalent third country of a State, territory or jurisdiction will be understood in any case without retroactive effect.

 In Article 2 of the Law, it tells us to which Subjects it will be applied, in this case we will go to the section that relates our company to the Law

l) Real estate developers and those who professionally carry out agency, commission or intermediation activities in the sale of real estate.


As a result of the application of this Law, we are obliged to identify the natural or legal person who tries to establish business relationships as defined in Chapter II.

 

                                                             CHAPTER II Law 10/2010

Due diligence

Section 1. ª Normal measures of due diligence

Article 3. Formal identification.

 1.     The obliged subjects will identify how many natural or legal persons intend to establish business relationships or intervene in any operations.

In no case shall the obligated subjects maintain business relationships or carry out operations with individuals or legal entities that have not been duly identified. It is prohibited, in particular, the opening, contracting or maintenance of numbered, encrypted, anonymous or fictitious names, passbooks, assets or instruments.

 2.     Prior to the establishment of the business relationship or the execution of any operations, the obligated subjects will verify the identity of the parties through reliable documents. In the event of not being able to verify the identity of the participants through reliable documents at first, the provisions of article 12 may be considered, unless there are elements of risk in the operation.

The documents that must be considered reliable for identification purposes will be established by regulation.

 3.     In the field of life insurance, the identity of the policyholder must be verified prior to the conclusion of the contract. Verification of the identity of the beneficiary of life insurance must be carried out in any case prior to the payment of the benefit derived from the contract or the exercise of the redemption, advance or pledge rights conferred by the policy.

  Article 4.   Identification of the real owner.

 1. The obliged subjects will identify the real owner and adopt appropriate measures in order to verify their identity prior to establishing business relationships or executing any operations.

 2. For the purposes of this Law, the real owner shall be understood as:

  a)    The person or individuals on whose behalf it is intended to establish a business relationship or intervene in any operations.
  b)    The person or natural persons who ultimately own or control, directly or indirectly, a percentage greater than 25 percent of the capital or voting rights of a legal person, or who by other means exercise control, directly or indirectly indirect, from the management of a legal entity. Companies listed on a regulated market of the European Union or equivalent third countries are excepted.
  c)    The person or natural persons who are owners or exercise control of 25 percent or more of the assets of a legal instrument or person that administers or distributes funds, or, when the beneficiaries are still to be designated, the category of persons in benefit from which the legal person or instrument has been created or acts mainly.


 3.    Obliged subjects will collect information from customers to determine if they are acting on their own behalf or on behalf of third parties. When there are indications or certainty that the clients are not acting on their own behalf, the obligated subjects will collect the necessary information in order to know the identity of the persons on whose behalf they act.

 4.    Obliged subjects shall adopt appropriate measures for the purpose of determining the ownership or control structure of legal entities.

   The obliged subjects will not establish or maintain business relationships with legal entities whose ownership or control structure has not been determined. In the case of companies whose shares are represented by bearer titles, the previous prohibition will apply unless the obligated subject determines by other means the ownership or control structure. This prohibition will not be applicable to the conversion of the bearer securities into registered securities or account entries.

 

   Article 5. Purpose and nature of the business relationship.

 

 The obliged subjects will obtain information about the purpose and expected nature of the business relationship. In particular, the obliged subjects will collect information from their clients in order to know the nature of their professional or business activity and will adopt measures aimed at reasonably verifying the veracity of said information.

 Such measures will consist of establishing and applying verification procedures for the activities declared by the clients. These procedures will take into account the different level of risk and will be based on obtaining documents from clients that are related to the declared activity or on obtaining information about it from outside the client.

After reading these extracts from Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism. We inform you of a series of documentation that we will ask you in our future relationship, so that you are not intimidated, since it is very important personal documentation, we also inform you of the treatment of personal data, as well as files, Automated or not, created to comply with the provisions of this Law, will be subject to the provisions of Organic Law 15/1999 on the Protection of Personal Data.

 

                                                              Physical persons


 Formal identification documents

Valid National Identity Document (*) or, in the case of clients of foreign nationality, Residence Card, Foreign Identity Card or Passport.

Activity accreditation documents

PHYSICAL PERSONS

Activity on own account:

Accreditation of social security payment

Last personal income tax declaration

Last receipt of self-employed social security

Last VAT declaration or IRPF withholding

College or professional association card

Last IAE

Last receipt issued by the college or professional association

Registration in the Tax Agency

 Activity for Others, pensioners and other recipients in general of SS benefits:

Recent payroll or pension

Certificate of assets, pension or recent subsidy

Current employment contract

Certificate of working life

Company Certificate, indicating the relationship with the worker

Last personal income tax declaration

 Other natural persons: Rentistas and others

Last personal income tax declaration

Corporate sales contracts, if applicable

 High INEM

Securities positions, if applicable

Real estate rental contracts, if applicable

Any other document that reasonably confirms the client,s ability to generate funds

Real estate sales contracts, if applicable

 

                                                                Resident Legal Persons


 Formal identification and real ownership documents

1 Public documents that prove its existence and contain its company name, legal form, address, the identity of its administrators, statutes and tax identification number.

In the case of legal entities of Spanish nationality, certification of the provincial Mercantile Registry will be admissible, for the purposes of formal identification.

2 Deed of empowerment.

3 Current National Identity Document of their attorneys or representatives or, in the case of foreign national clients, Residence Card, Foreign Identity Card or Passport.

4 A responsible declaration of the real ownership signed by the person who has attributed the legal representation of the legal person.

- You can obtain the model of the declaration of real ownership in your usual office or through the following link *Real Declaration of Title*.

- However, Marti Projects S.L., in accordance with Law 10/2010, may require, if it deems it appropriate, to provide mandatory Notarial Act of identification of real ownership.

 

                                                         Activity accreditation documents

   LEGAL PERSONS RESIDENT (WITH REGISTERED OFFICE IN SPAIN):

 Entities with legal personality: Public Limited Companies, Limited Companies, Collective Societies,   Limited Partnerships, Production Cooperatives or associated work.

Last Corporation Tax: form 202, 222, 200 or 220.

Last VAT: model 303, 390.

Last Annual Declaration of operations with third parties: model 347, 349.

Latest IAE: Model 840, 848.

Last Retentions: model 111, 190.

 Entities without legal personality: Civil Companies and Property Communities.

Last Corporation Tax: form 202, 222, 200, 220.

Last VAT: model 303, 390.

Last Annual Declaration of operations with third parties: model 347, 349.

Latest IAE: Model 840, 848.

Last Personal Income Tax: Model d-100, 130, 131.

Last Retentions: model 111, 190.

  Associations, Foundations, Professional Associations, Communities, Corporations and NGOs.

Activities Report.

Balance of the previous year.

Budgets for the current year.

Last IAE.

Annual customer audit report.

 

                                                              Non-Resident Legal Persons

 

  Formal identification and real ownership documents

1 Public documents that prove its existence and contain its company name, legal form, address, the identity of its administrators, statutes and tax identification number.

2 Deed of empowerment.

3 Current National Identity Document of their attorneys or representatives or, in the case of foreign national clients, Residence Card, Foreign Identity Card or Passport.

4 Notarial Act of identification of real ownership and a responsible declaration of real ownership signed by the person who has attributed the legal representation of the legal person.

 

  Activity accreditation documents

 LEGAL PERSONS NOT RESIDENT IN SPAIN:

Activities memory.

Balance of the previous year.

Budgets for the current year.

Latest tax returns.

Contracts with clients and suppliers, invoices, etc.

Annual customer audit report.

Note:
We inform you that you must deliver the documentation, which must be provided to us to avoid the non-acceptance of operations

Also in the case of presenting any questions, contact our company via e-mail comercial@mrmarti.es

 

 
 
 

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