Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011

  • not the latest version

Schedule 2A Annual AML/CFT report by designated non-financial businesses and professions

r 9

Schedule 2A: inserted, on 1 July 2018, by regulation 10 of the Anti-Money Laundering and Countering Financing of Terrorism (Requirements and Compliance) Amendment Regulations 2017 (LI 2017/302).

This form is to be completed by designated non-financial businesses and professions.

Part 1

Answer all questions in this Part.

1 Period of report
1.1

Period that this report covers: [specify year]

Note: This is the period referred to as “during the year” or “at the end of the year” by this form.

2 Contact details

Entity registration details

2.1

Reporting entity’s legal name:

Type of entity (natural person, company, partnership, other legal person, trust):

Registered or company incorporation number, or equivalent (if applicable):

Trading name(s) (if different from legal name):

Physical address

2.2

Street name and number:

Suburb or town:

City:

Postcode:

Postal address (if different from physical address)

2.3

Street name and number or PO Box:

Suburb or town:

City:

Postcode:

Other contact details

2.4

Full name of reporting entity’s compliance officer:

Reporting entity’s AML/CFT contact email address (if available):

Reporting entity’s AML/CFT contact telephone number (if available):

Reporting entity’s website (if available):

2.5

What sector(s) best describe your business activities. Select 1 or more of the following:

accounting practice:

bookkeeping:

barrister sole:

barrister and solicitor:

law firm:

incorporated conveyancing firm:

conveyancing practitioner:

real estate agent:

trust and company service provider:

other: [specify]

3 Organisation structure
3.1

Is your reporting entity a branch or a subsidiary of an offshore parent? Yes/No*

If “yes”, specify: [branch or subsidiary]

*Select one.
3.2

In what country is your largest owner based [specify]. If your reporting entity does not have a clear owner, in what country is your largest beneficial owner based? [specify]

3.3

How many people work for your reporting entity? [specify]

3.4

Number of physical branch/office locations in New Zealand (exclude agent’s branch location): [specify number]

3.5

Number of New Zealand subsidiaries: [specify number]

3.6

If known, number of physical branch/office locations outside New Zealand: [specify number or state “unknown”]

3.7

Number of subsidiaries located or incorporated outside New Zealand: [specify number]

Part 2

Answer all relevant questions.

Note: A member of a designated business group (DBG) can rely on another member to carry out some obligations on their behalf, as set out in section 32 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act). These include risk assessments, parts of an AML/CFT programme, and making suspicious activity reports or prescribed transaction reports. If you are a member of a DBG, you may allow another member to answer this Part on your behalf. However, please note that you are responsible for the information provided.

4 Designated Business Group Questions
4.1

Are you a member of a DBG? *Yes/No [If you answer No then complete Part 2 and the rest of this form as applicable]

*Select one.
4.2

If you answered “yes” to 4.1, are you completing Part 2 on behalf of the DBG? *Yes/No [If you are not completing the form for the DBG, please note the legal name of the DBG reporting entity completing Part 2 for you. Then leave the rest of Part 2 blank and go to Part 3. You are required to answer all other parts of this form.]

5 AML/CFT risk assessment
5.1

Does your risk assessment meet the requirements of section 58 of the Act? Meets all/Meets some/Meets none*

*Select one.
5.2

If your risk assessment meets only some of the requirements of section 58 of the Act, list all subsections that it is not fully compliant with (eg, section 58(1), 58(2)(a) to (h), or 58(3)(a) to (c)): [list, using commas to separate each entry]

5.3

When was the most recent internal review of your risk assessment completed? [date]

5.4

Has your risk assessment been independently audited? Yes/No*

*Select one.
5.5

If you answered “yes” to 5.4, when was the most recent audit of your risk assessment completed?: [date]

5.6

If you answered “yes” to 5.4, did the most recent audit of your risk assessment highlight any deficiencies? Yes/No*

*Select one.
5.7

If you answered “yes” to 5.4 and 5.6, have you made the changes identified as being necessary in the most recent audit? Yes, complete/Not yet complete*. If you answered “not yet complete” please explain: [insert detailed explanation]

*Select one.
5.8

During the year, did you introduce a new service or activity regulated by the Act (eg, a new product, service, or channel) that is not considered in your risk assessment. Yes/No*

*Select one.
6 AML/CFT programme
6.1

Does your AML/CFT programme meet the requirements of section 57 of the Act?

Meets all/Meets some/Meets none*

*Select one.
6.2

If your AML/CFT programme meets only some of the requirements of section 57 of the Act, list all paragraphs that it is not fully compliant with. Use commas to separate each entry: [list relevant paragraphs from section 57(1)(a) to (l)]

6.3

When was the most recent internal review of your programme completed? [date]

6.4

Has your programme been independently audited? Yes/No*

*Select one.
6.5

If you answered “yes” to 6.4, when was the most recent audit of your programme completed? [date]

6.6

If you answered “yes” to 6.4, did the most recent audit of your programme highlight any deficiencies? Yes/No*

*Select one.
6.7

If you answered “yes” to 6.4 and 6.6, have you made the changes identified as being necessary in the most recent audit? Yes, complete/Not yet complete*. If you answered “not yet complete”, please explain: [insert detailed explanation]

*Select one.
6.8

Do you have procedures to identify and verify the identity of—

(a)

a new customer (including the customer’s beneficial owners or any person acting on behalf of a customer)? Yes/No*

*Select one.
(b)

a person seeking to conduct an occasional transaction or occasional activity through your reporting entity? Yes/No*

*Select one.
(c)

an existing customer, according to the level of risk involved, if there has been a material change in the nature or purpose of the business relationship and your reporting entity considers that it has insufficient information about the customer? Yes/No*

*Select one.
6.9

Do you have exception handling procedures for issues related to customer due diligence (CDD)? (eg, clause 4 of the Amended Identity Verification Code of Practice 2013). Yes/No*

*Select one.
6.10

Outside a DBG, do you outsource any CDD requirements to third parties (as set out in sections 32 to 34 of the Act)? Yes/No*

*Select one.
6.11

Do you use electronic processes to fulfil the statutory requirement to monitor accounts as required under section 31 of the Act? Yes/No*

*Select one.

Part 3

Answer all questions in this Part (apart from section B, which you may choose not to complete).

A Products and services
7.1

Do you act as a formation agent of legal persons or arrangements? Yes/No*

*Select one.

If you answered “yes”, estimate how many of the following you have formed in the last year. Circle the estimated number.

Companies: 0: 1–10: 11–100: 101–999: 1 000+

Trusts (excluding charitable trusts): 0: 1–10: 11–100: 101–999: 1 000+

Partnerships (including limited partnerships): 0: 1–10: 11–100: 101–999: 1 000+

Charities (including charitable trusts and other charitable entities): 0: 1–10: 11–100: 101–999: 1 000+

Other: [specify]

7.2

Do you act as, or arrange for a person to act as, a nominee director or nominee shareholder or trustee in relation to legal persons or legal arrangements? Yes/No*

*Select one.

If you answered “yes”, estimate the number of nominee directorship roles your reporting entity holds: [number]

If you answered “yes”, estimate the number of nominee shareholder roles your reporting entity holds: [number]

If you answered “yes”, estimate the number of trustee roles your reporting entity holds: [number]

If you answered “yes”, estimate how many of the following you have formed in the last year. Circle the estimated number.

7.3

Do you provide a registered office or a business address, a correspondence address, or an administrative address for a company, or a partnership, or any other legal person or arrangement** Yes/No*

If you answered “yes”, estimate the number of companies, partnerships, or other legal persons or arrangements that your reporting entity provides these services to. Circle the estimated number.

Companies: 0: 1–10: 11–100: 101–999: 1 000+

Trusts (excluding charitable trusts): 0: 1–10: 11–100: 101–999: 1 000+

Partnerships (including limited partnerships): 0: 1–10: 11–100: 101–999: 1 000+

Charities (including charitable trusts and other charitable entities): 0: 1–10: 11–100: 101–999: 1 000+

*Select one.
**Unless the office or address is provided solely as an ancillary service to the provision of other services.
7.4

Do you manage client funds (other than sums paid as fees for professional services), accounts, securities, or other assets? Yes/No*

*Select one.

If you answered “yes”, estimate the value of funds managed in the last year. Circle the estimated value.

0: $1–999,999: $1,000,000–$9,999,999: $10,000,000–$49,999,999: $50,000,000 and over

7.5

Do you provide real estate agency work (within the meaning of section 4(1) of the Real Estate Agents Act 2008) to effect a transaction (within the meaning of section 4(1) of that Act)? Yes/No*

*Select one.
7.6

Specify which of the following services you engage in or give instructions on behalf of a customer to another person for:

(a)

any conveyancing (within the meaning of section 6 of the Lawyers and Conveyancers Act 2006) to effect a transaction (within the meaning of section 4(1) of the Real Estate Agents Act 2008, and as specified in paragraph (a)(vi)(A) of the definition of designated non-financial business or profession in section 5(1) of the Act):

(b)

a transaction within the meaning of section 4(1) of the Real Estate Agents Act 2008:

(c)

the transfer of a beneficial interest in land or other real property:

(d)

a transaction on behalf of any person in relation to the buying, transferring, or selling of a business or legal person (for example, a company) or any other legal arrangement:

(e)

a transaction on behalf of a customer in relation to creating, operating, and managing a legal person (for example, a company) or any other legal arrangement.

7.7

Estimate the total value of the transactions listed in 7.6 above (excluding your professional fees) for the last year. Circle the total estimated value.

0: $1–999,999: $1,000,000–$9,999,999: $10,000,000–$49,999,999: $50,000,000 and over

Note: It is optional to complete section B, but you are encouraged to do so as it provides the Department of Internal Affairs with valuable information.

B Supplementary activities
7.8

Select whichever of the following activities you provide:

(a)

accepting deposits or other repayable funds from the public:

(b)

lending to or for a customer, including consumer credit, mortgage credit, factoring (with or without recourse), and financing of commercial transactions (including forfeiting):

(c)

financial leasing (excluding financial leasing arrangements in relation to consumer products):

(d)

transferring money or value for, or on behalf of, a customer:

(e)

undertaking financial guarantees and commitments:

(f)

trading for, or on behalf of, a customer in any of the following using the person’s account or the customer’s account:

(i)

money market instruments (for example, cheques, bills, certificates of deposit, or derivatives):

(ii)

foreign exchange:

(iii)

exchange, interest rate, or index instruments:

(iv)

transferable securities:

(v)

commodity futures trading:

(g)

participating in securities issues and the provision of financial services related to those issues:

(h)

managing individual or collective portfolios:

(i)

safe keeping or administering of cash or liquid securities on behalf of other persons:

(j)

investing, administering, or managing funds or money on behalf of other persons:

(k)

issuing, or undertaking liability under, life insurance policies as an insurer.

C Supplementary questions
7.9

Do you accept cash (physical currency or bearer negotiable instruments)? Yes/No*

*Select one.

If you answered “yes”, estimate what percentage of your business involves cash: [percentage]

7.10

Do you send/receive funds from other countries (including the payment of fees either on your own behalf or on behalf of someone else)? Yes/No*

*Select one.

If you answered “yes”, estimate the total value of transactions for the past year: Circle the estimated total value of transactions for the past year.

0: $1–999,999: $1,000,000–$9,999,999: $10,000,000–$49,999,999: $50,000,000 and over:

List your 3 most common products and/or services (described in sections A to C above):

1[specify]
2[specify]
3[specify]
8 Customers (including clients)
8.1

Estimate how many customers you conducted CDD on this year in the course of carrying out activities regulated by the Act: [estimate number]

8.2

Estimate how many of the customers referred to in question 8.1 above are—

  • classified as politically exposed persons (PEP). (Include your customers that are beneficially owned or are controlled by, or for the benefit of, a PEP): [number]

  • a trust or another vehicle for holding personal assets: [number]

  • an overseas government body: [number]

  • a New Zealand resident individual: [number]

  • a New Zealand resident entity (including companies, partnerships, trusts, charities, and other incorporated or unincorporated entities): [number]

  • a non-resident individual: [number]

  • a non-resident entity (including companies, partnerships, trusts, charities, and incorporated societies): [number]

8.3

Indicate whether you use the following methods to carry out CDD on new customers who requested new activities subject to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 during the annual reporting year. If so please indicate the most common method.

How do you meet your customers (including clients)?(Indicate from 1–5 which is the most common method of acceptance for you or select N/A)
1Face-to-face (over the counter, other than intermediaries)
2Non face-to-face (including electronic, telephone, post, and all other types of remote access—other than intermediaries)
3Domestic intermediaries/agents/third-party referral (exclude your reporting entity’s employees)
4Overseas intermediaries/agents/third-party referral (exclude your reporting entity’s employees who are acting as advisors working outside the main offices)
5Other

Part 4

Answer all questions relevant to your reporting entity.

9 Sector-specific questions

All Designated Non-Financial Business Groups or Professions (DNFBPs)

9.1

Do you incorporate companies or form trusts or other legal structures or arrangements in jurisdictions outside NZ? Yes/No*

*Select one.
9.2

If the answer to 9.1 above is “yes”, please select the 3 most common jurisdictions in which you incorporate companies, or form trusts or other legal structures or arrangements: [select from drop down list]

9.3

Do you handle the receipt and transmission of customer/client money? Yes/No*

*Select one.
9.4

Do you manage customer/client bank accounts? Yes/No*

*Select one.
9.5

For your customers and clients who are overseas corporations with shares in bearer form, do your policies provide for maintaining the physical control of those bearer-shares to ensure that ownership of the corporate entity does not change without your knowledge? Yes/No/N/A*

*Select one.
9.6

Do you provide AML/CFT regulated services to other DNFBPs in New Zealand?

Yes/No/Unknown if customers are DNFBPs*

*Select one.
9.7

Do you provide AML/CFT regulated services to other DNFBP equivalents located overseas?

Yes/No/Unknown if customers are DNFBP equivalents*

*Select one.
9.8

When providing AML/CFT regulated services, do you use intermediaries or agents within New Zealand? Yes/No*

*Select one.
9.9

When providing AML/CFT regulated services, do you use intermediaries or agents based overseas? Yes/No*

*Select one.
9.10

If you answered “yes” to question 9.9, list the overseas countries your intermediaries are based in: [list]

Questions for real estate agents, conveyancing practitioners, and lawyers carrying out conveyancing activities

9.11

Have you received cash as part of a real estate transaction? Yes/No*

*Select one.

If you answered yes, how often in the last year? How much? NZ$[amount]

9.12

Are you providing residential property sales or services? (eg, people buying homes)

Yes/No*

*Select one.
9.13

Are you providing commercial property sales or other services?

Yes/No*

*Select one.

If you answered “yes” to both 9.12 and 9.13, what is the estimated split between residential and commercial property sales and services? [percentage]

Part 5

Answer all relevant questions.

10 Conditions of ministerial exemption
10.1

Have you been granted any ministerial exemption that is subject to conditions? Yes/No*

*Select one.
10.2

Provide a description of your compliance with all conditions on any such exemption.

Part 6

 

Declaration and signature

I confirm that I have the authority to submit this form on behalf of the reporting entity. I have reviewed the answers and information and I confirm that I am satisfied that, to the best of my knowledge, after undertaking all reasonable inquiries, all answers are true and correct.

Reminder: “A person commits an offence if, without reasonable excuse, the person provides information to an AML/CFT supervisor knowing that information to be false or misleading in any material respect”. (See section 103 of the Act.)

Date:

Signature:

Full name:

Position/Job title*:

*Select one.