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          China Orient Intensively Conducts Anti-money Laundering Campaigns: Fulfilling Obligation of Anti-money Laundering, Cooperating on Identity Identification (I)

          According to the unified arrangements and requirements for related work of the Business Management Department of the People's Bank of China, China Orient intensively propagandas the anti-money laundering for 2020 in July this year, made more efforts to offer the propaganda and education on anti-money laundering, and advanced anti-money laundering work towards in-depth so as to contribute its efforts for effectively curbing the money laundering crime and practically maintaining economic and financial security as well as social stability.

          Anti-money laundering refers to the measures taken in accordance with laws and regulations in order to prevent the money laundering activities that cover up by various means the sources and nature of the proceeds arising from drug crimes, organized crimes of gangland nature, terrorist activity crimes, smuggling crimes, corruption and bribery crimes, the crimes that disrupt financial regulation orders, financial fraud crimes and other crimes.

          The client identity identification system is in the most fundamental position of the anti-money laundering system. When establishing a business relation with a client, a financial institution shall fulfill such legal obligation of identifying the client identity specified in the Anti-money Laundering Law. A client's cooperation with the financial institution in identifying identity is the due obligation of a law-observing citizen or institution and also the reflection of the client's protecting its interests and contributing its strength for fighting against the anti-money laundering crime.

          So, how a client cooperate with the institution in identifying identity when handling business at the financial institution? Take a financial asset management company as example. Let's have a look at it.

          I. Assisting Clients in Updating Their Basic Information

          It is specified in the Measures on the Administration of Client Identity Identification and Materials and Transaction Recording of Financial Institutions (Order No. 2 [2007] of the People’s Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission, and China Insurance Regulatory Commission, hereinafter referred to as the 'Measures'), 'A financial asset management company, finance company, financial lease company, automobile financing company, currency brokerage company, insurance asset management company or any other financial institution determined by the People's Bank of China shall, when concluding a financial business contract with a client, check the client's valid identity certificate or other identity certification document, register the client's basic identity information, and preserve a photography of the valid identity certificate or other identity certification document.'

          What is the information to be identified? In accordance with the provisions of Article 33 of these Measures, the information mainly includes the following aspects:

          The 'basic identity information' of a natural person client shall include the name, gender, nationality, career, domicile or address of working unit, contact means, type, number & valid term of the identity certificate or identity certification document with respect to the client. In the case of any inconsistency between the domicile and permanent residence of the client, the latter shall be registered.

          The 'basic identity information' of a legal person, other organization or an individual business owner as a client shall include the name, residence, business scope, organizational code and tax certificate number of the client; name, number and valid term of the business license, certificate or document that proves that the client is incorporated or may carry out operation and social activities in accordance with law; name, type, number and valid term of the identity certificate or identity certification document of the controlling shareholder or actual controller, legal representative, responsible person, authorized business operator in relation to the client.

          II. Non-natural Person Clients Shall Cooperate with the Financial Institution in Updating the Information of Their Beneficial Owners

          For a non-natural person client, the Notice of the People's Bank of China on Strengthening the Client Identification for Anti-money Laundering (No. [2017] 235 of the People's Bank of China) stipulates:

          (I) An obligated institution shall strengthen the identification of non-natural person clients, and, when establishing or maintaining business relations, take reasonable measures to know the business nature and equity or control right structure of non-natural person clients, and obtain the relevant information on beneficial owners.

          (II) An obligated institution shall, in light of the actual circumstances and the relevant information or data obtained from reliable channels and in a reliable manner, identity the beneficial owners of non-natural person clients, and continuously pay attention to information modification of beneficial owners during the existence of business relations.

          (III) For the beneficial owner of a non-natural person client, the obligated institution shall conduct in-depth identification level by level until the natural person who has the control right or obtains proceeds is finally identified. The identification standards are as follows: the beneficial owner of a company shall be identified according to the following standards in sequence, a natural person who directly or indirectly owns more than 25% of the company's stock rights or voting rights, a natural person controlling the company by personnel, financial affairs or any other form, and a senior executive of the company.

          (IV) An obligated institution shall verify the information on the beneficial owners, which may be conducted by inquiring about non-natural person clients, requiring non-natural person clients to provide certification materials, inquiring the disclosed information or authorizing the relevant institution to conduct investigation.

          (V) An obligated institution shall register the name, address, identity certificate or the type, number and valid term of the identity certificate of the beneficial owner of the client.

          (VI) An obligated institution shall, in the process of identifying the beneficial owner, obtain, collect and appropriately retain the following information and materials: (1) the information on the equity or control right of a non-natural person client, mainly including the registration certificate, certificate document on good standing, partnership agreement, trust agreement, memorandum, the company's bylaws and other documents that may verify the client's identity. (2) the registration information of the shareholders or members of the board of directors of a non-natural person client, mainly including the lists of the board of directors, the senior management and the shareholders, the number of shares held by each shareholder, and the type of shareholding (including the relevant types of voting rights) (the original Clause (VIII)).

          Thus, a client, when handling related business with a financial asset management company, shall cooperate with the company in showing his/her valid identity certification document, submit his/her legal and valid identity certification material, etc., filling in the information concerning registration, identifying his/her identity, and giving a reply to the reasonable questions from staff members. A non-natural person client shall also cooperate with the financial institution in identifying the identity of his/her beneficiary owner.

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