What should Customer Information Form(CIF) for Companies contain

Company Name

The registered name of the limited liability company. In law, a limited liability company has its own legal personality.

Date & country of incorporation ;

This will reveal whether the company is an external company registered in another country. The date is indicative of the age of the company.

Registration Number

This registration # also indicates the length of time that the company was in existence because it contains the year that the company was registered accompanied by other numbers.

Permanent Address;

Registered office address of the company, this should be reflected on the Form 4 or Notice of Address and or the Forms 28(Annual Returns).

Mailing Address

A PO Box or Bag #, that the company uses will suffice because the registered office address was already captured above.

Telephone #

Please ask for a current number and extension where applicable.

Email address

Preferably the company’s email address.

Purpose of Intended Nature of Business Relationship

This is not the services offered by the Company, but it is the reason for the customer approaching your entity.

Name, Addresses of Directors/Secretary/Officers/Authorized Signatories

Full name, as it appears on their Government issued Identification documents;

Position ;e.g.  Directors, Secretaries;

2 forms of valid, government issued identification;

Expiry date, will assist in determining whether the ID is valid;

Country of Issue; Helpful in identifying Non Residents or countries that are High Risk.

Identity of Shareholders holding more than 10% Paid Up Share Capital.

Paidup capital is the amount of money a company has received from shareholders in exchange for shares of stock. Paidup capital is created when a company sells its shares on the primary market, directly to investors -Most Applicable to Public Companies, trading on the Stock Exchange reference: https://www.investopedia.com/terms/p/paidupcapital.asp

The Name of the Beneficial Owner

“The natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control over a legal person or arrangement.” FATFWhy would an individual choose to be the beneficial owner?

Two forms of IDs for the beneficialowner

Valid , government issued photo identification

Address of Person ;

Permanent address of the UBO

Occupation;

Source of Funds Declaration

Source of funds refers to the origins of the activity that generated the particular funds or assets which are used in the transaction between the customer and the FI/LB. eg $136,000 from bank loan proceeds from ACB Arima ,  or $136,000 from Company Account, Tobago Branch chq # XXX

Customer Declaration;

Signature of Customer;

The Company Stamped should be used by the customer, who is acting for and on behalf of the company.

Official Use Only;

For Compliance Review;

There should be a check box or Yes/No option to confirm whether these Sanction Lists were consulted:

UN 2253 List;

FATF Non-Cooperative Countries and Territories;

TT Consolidated List of Court Orders

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

Linked In: https://tt.linkedin.com/in/antoinette-sydney-77093550

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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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Sample Table of Contents (AML/CFT/PF) Compliance Program: AML Compliance Consultants

There are five crucial elements of an Anti-Money Laundering/Countering the Financing of Terrorism and Proliferation Financing AML/CFT/PF Compliance Program. These are ;

Risk Assessment;

Appointment of a Compliance Officer;

Internal Compliance Controls;

Training of employees and Senior Management;

Independent Audit.

Policy Statement

It must be explicitly stated that all employees must comply with the AML/CFT/PF policies and procedures. It may also be stated that the entity is committed to complying with the laws and regulations to combat money laundering, financing of terrorism and proliferation financing. 

An Overview of Money Laundering and Terrorist Financing

Define money laundering, terrorist financing and proliferation financing. Explain that there are certain reports that must be filed by certain businesses to file certain reports.

Internal Controls, Policies and Procedures

Detail the Customer Due Diligence and Know Your Customer Procedures.

 Explain the Enhanced Due Diligence Measures (EDD) to be applied to high risk customers.

State the procedures to govern all payment methods. What are the due diligence requirements for large transactions of TT$50,000 and over and wire transfers of $6000.

State whether there is an internal threshold in order for a Source of Funds Declaration (SOFD) to be completed.

Employee Training

It should be stated that the AML/CFT/PF training should be conducted at least one a year. The Compliance Officer and Alternate Compliance Officer need more intensive training.

Review of the Compliance Programme

The Compliance Program should be reviewed at least once a year. The Compliance Program must be updated to reflect amendments in the law.

Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Order her new eBook now: How to Hustle from Home: 50 Success Secrets
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Website: www.asydneygroup.com

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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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What should a complete file of a Car Dealer contain

As you know, car dealers are considered “listed businesses” under Anti-Money Laundering laws and regulations in Trinidad and Tobago. This post should be helpful if you want to create a checklist for your Car Sales files.

Quotation

Sales Tax Invoice

 Bank Financing Approval (where applicable)

Receipt(s)

Insurance Cover Note

For registered Limited Liability Companies in addition to the above):

Certificate of Incorporation or Certificate of Continuance;

Articles of Incorporation;

Identification documents for all directors and authorized account signatories;

Most recent Annual Returns;

Management Accounts or;

Cash Flow projections for at least 3 years (for companies registered less than 3 years)

Signed Director’s statement outlining the nature of the company’s business;

Evidence of authority to enter into the business relationship e.g. copy of the Board Resolution giving authorization to signatories;

Power of Attorney or other authority where applicable;

Company Bye Laws where applicable

For Individuals:

Two valid forms of unexpired government issued identification;

Job letter and payslip;

Utility bill.

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Order her new book now: How to Hustle from Home: 50 Success Secrets
Get a free sample of two chapters here
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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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What should an Individual Customer Information Form (CIF) contain

Customer Information

Full name;

Date & Country of birth;

Nationality-Important to determine whether the customer is a Non Resident

Permanent Residential Address-PO Box or Bag addresses will not suffice

Email Address

Verification of Customer identity and Address

2 forms of valid, government issued , photo ID

Permanent Address-The customers address must be reflected on the Proof of Address submitted, ie TTEC,WASA, CABLE,.

Employer’s name & contact #-By contacting the employer , all doubts as to the veracity of the job letter will be removed. It will be revealed whether the customer is actually employed by the company on the job letter.

Occupation/Nature of Business-For self employed persons, sole traders. Submit proof eg job letter, payslip.;

Occupational Income-Submit proof eg job letter, payslip.

If self employed-Please state what services or products are offered and provide proof;

Are you a Non Resident ?-Please provide foreign bank reference letter.

Beneficial Owner Information

The Name of the Beneficial Owner-The natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control over a legal person or arrangement.” FATF

Politically Exposed Person (PEP)

Source of Wealth Declaration (only applies to PEPs and High risk Customers) .

Source of Wealth– refers to the origin of the customer’s entire body of wealth, ie their total assets- since they are PEPs , they are more susceptible to bribes and corruption

Source of Funds Declaration ( applies to all customers)

Source of funds refers to the activity that generated the funds and the location thereof to be used to finance the transaction eg salary payments in savings account at ACB.

Customer Declaration

Signature of Customer

For Compliance Review

UN 2253 List;

FATF Non-Cooperative Countries and Territories;

TT Consolidated List of Court Orders;

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

Linked In: https://tt.linkedin.com/in/antoinette-sydney-77093550

Instagram: https://www.instagram.com/asydneygrouptt/?hl=en

Facebook: https://www.facebook.com/sydneygrouptt/

Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

Youtube: https://www.youtube.com/channel/UC8-sUa8WMDJM8w5_Q3nhQ5w

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Should LB/FIs reference new and existing employees against the Sanctions Lists: AML Compliance Consultants

It is good practice to reference the name of new and existing staff against Sanction Lists. Regulation 5 of the Financial Obligation Regulations requires that financial institutions and listed businesses use the best practices of the industry to recruit employees who have integrity and are competent.

This practice will ensure that individuals who are designated as terrorist or terrorist financiers are not retained by the regulated entity.

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

Linked In: https://tt.linkedin.com/in/antoinette-sydney-77093550

Instagram: https://www.instagram.com/asydneygrouptt/?hl=en

Facebook: https://www.facebook.com/sydneygrouptt/

Youtube: https://www.youtube.com/channel/UC8-sUa8WMDJM8w5_Q3nhQ5w

Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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How are Art Dealers used to wash dirty money?: Free Anti Money Laundering Training in Trinidad!!

One of my friends is an artist and she tells me of here adventures. She once told me that at one of her art shows a customer saw her painting, went for her cheque book and was prepared to buy my friend’s piece. The lady issued a cheque payable to my friend’s personal name. In order to advance her career my friend must be close with art dealers and art galleries. She told me that the art galleries take a commission for each painting that the artist sells.

I attended my friend’s art exhibition and I was amazed at the people in the crowd. They were mainly well-dressed professionals. Everyone was refined and sipped on the complimentary wine. The prices of the paintings ranged from $1200.00 TTD to $200,000.00 TTD. I became curious as to how money launderers can abuse art dealers to launder money.

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  1. High value artwork can be purchased with cash obtained from criminal activities and then re-sold to another purchaser for more than the purchase price. This second purchaser can pay via cheque with the payee being the Art Dealer. The dirty money has been laundered and the proceeds from the sale of the artwork will appear legitimate because the funds will pass through a financial institution when the cheque is encashed.
  2. Artwork can be purchased with dirty money and shipped to another country where it will be sold at a profit. This allows for the cross-border movement of a high valued asset.
  3. A money launderer can purchase artwork at a low price with funds from illegal activity and then use the services of an auctioneer to sell the art to the highest bidder. The auctioneer can be paid in cash with money gained from the proceeds of crime.
  4. An art dealership can be registered, an art gallery can be opened to display art. The expenses of the art dealership such as rent and salaries can be paid with dirty money.
  5. After purchasing artwork with dirty money, the high valued art can be used as collateral for a loan application with a financial institution or money lending service.
  6. An artist can be hired to forge rare pieces of art and these can be sold to unsuspecting customers, who think that they are being the original.
  7. Pieces of art from a young and upcoming artist can be purchased and then can be sold in a few years when and if the artist becomes famous.
  8. The money launderer can connect with companies who want to contribute artwork to a Charity. The artwork that will be sold to the company can be purchased at minimal cost. The owner of a charity here in Trinidad told me about an instance where he asked for sponsorship from a big local company. The company donated almost $100,000 TTD in artwork to his cause.
  9. Art work can be purchased cheaply and then sold online to anyone interested in the piece. Naturally the piece will be sold for more than the purchase price.
  10. Expensive artwork can be stolen from a museum and then sold privately to an interested buyer.

The nature of these art sales is usually private and this makes it ideal for those desirous of washing money. In Trinidad and Tobago, art dealers are regulated by the Financial Intelligence Unit and must appoint a compliance officer, create a compliance program, attend anti-money laundering training and conduct anti-money laundering audits.

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

Linked In: https://tt.linkedin.com/in/antoinette-sydney-77093550

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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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When to file Quarterly Terrorist Report (QTR 1) VS Quarterly Terrorist Report (QTR2 )?

According to section 33 (3) of the Anti-Terrorism Act (ATA), Financial Institutions (FIs) must report to the Financial Intelligence Unit (FIU) every three (3) months:

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(a)if it is not in possession or control of terrorist property via Quarterly Terrorist Report (QTR) 1;

(b)if it is possession or control of terrorist property; and the particulars relating to the persons, accounts and transaction involved and the total value of the property, via Quarterly Terrorist Report (QTR) 2.

As seen above only Financial Institutions must file the QTR1 and QTR2. Listed Businesses do not file QTR1 and QTR2.

Antoinette Sydney, LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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What is Credit Card Skimming?

Credit card skimming is a type of credit card theft where a device is used to steal sensitive information when the card is used in a legitimate transaction. The device is called a skimmer and it reads the customers personal information that was stored on the magnetic strip of the card.

In Trinidad in 2019 persons were charged and convicted with being in possession of fraudulent ATM cards and large sums of cash knowing that the money was the proceeds of fraud and for the purpose of money laundering.

These defendants were non nationals who came to Trinidad armed with 182 fradualent ATM cards. They visited different ATMS and were withdrawing sums of money. They arised the suspicion of security personnel of financial institutions.

Law enforcement became involved and the defendants were detained and brought before the courts.

It seems that there is a large international network of cyber criminals who steal credit card information. At our ports of entry in Trinidad, officials are oftentimes unable to identify the skimming devices as they resemble smart phone accessories.

Persons may be making purchases at your company with fradulent credit cads! Want to know how to protect yourself?

Contact Sydney to receive Anti-Money Laundering Training.

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Order her new eBook now: How to Hustle from Home: 50 Success Secrets
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Get a free sample of two chapters here
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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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How to create a Compliance Program ?

A Compliance Program (CP) is a manual that contains the internal policies and procedures of a listed business. The Know Your Customer (KYC) forms are attached as appendices to the compliance program.

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What are the key elements of a Compliance Program?

The staring point is that there must be a risk based approach in the Anti-Money Laundering (AML) Compliance Program.

The four (4) pillars of an effective Anti-Money Laundering (AML) Compliance Program are:

  1. The development of internal policies, procedures, and related controls;
  2. The designation of a competent and qualified Compliance Officer;
  3. Ongoing AML training for all staff, directors of the listed business;
  4. Independent review of the Compliance Framework by a competent and qualified AML auditor.

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP

Blog: https://sydneygroupblog.wordpress.com/

Linked In: https://tt.linkedin.com/in/antoinette-sydney-77093550

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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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