What documents should be obtained from Limited Liability Companies for (Know Your Customer) KYC purposes?

For registered Limited Liability Companies in accordance with Regulation 16 of the Financial Obligations Regulations (FORs) :

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.

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

Website: www.asydneygroup.com

Email: sydney@asydneygroup.com

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 It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date.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.

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

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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What are the Benefits of Registering a Limited Liability Company in Trinidad And Tobago?

Hi hustlers! Are you thinking about starting your own company after quarantine? You may already appreciate that there are different company structures. In my previous post I discussed the benefits of a sole trader business.

I will now list the benefits of a limited liability company.

1.The ability to get a Company Bank Account ;

2.The ability to enter into contracts;

3.Protection.

I discuss all these benefits in my latest Youtube Video. S.U.B.S.C.R.I.B.E.

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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
https://linktr.ee/asydneygrouptt

Website: http://www.asydneygroup.com/

Amazon ebooks: https://www.amazon.com/author/antoinettesydney

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

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

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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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Why You MUST get a Utility Bill in Your Name!

What is a utility bill?

A utility bill is a detailed invoice from a service provider for your consumption of utilities such as electricity, internet, water. Some companies send you the utility bills monthly or every 2 months, especially for us in Trinidad and Tobago for electricity.

Why are utility bills important for entrepreneurs?

As a business owner, you will be asked to present a utility bill as your proof of address in order to conduct the following transactions:

1.Open a Business Bank Account (as well as personal bank account);

2.Get a Business Loan;

3.Get a credit card;

4.Purchasing a car

5.To get a mortgage to buy land.

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What is Proof of address?

This is verification of your residential address. Financial institutions and listed businesses in Trinidad must obtain a utility bill from all customers. This is stated in law , particularly at Regulation Proof of Address 15 (1) (b) “permanent address and proof thereof” Financial Obligations Regulations. There is a body of laws and regulations that aims to fight anti-money laundering and the countering the financing of terrorism.

What happens if utility bill is not in your name?

Authorization Letters

If the bill is not in your name, you must present a letter of authorization from the person whose name appears on the bill as well as a copy of the persons National ID card. The signature on the letter must match the signature on the person’s ID card.

Parents/Family

Usually the utility bill is in the name of a parent and you can get a letter of authorization from your parent.

Tenants

There are other cases where, you are renting, and your landlord has to provide you with the authorization letter and copy of ID.

Deceased Persons

In the event that the person whose name is on the utility bill is deceased, this bill will not be accepted by financial institutions. You will be asked to return to the Service Provider and follow their internal process to get the name changed.

Best Practice?

It would be wise to get a utility bill in your name; it can be as easy as taking out the internet in your name in the instance of persons living with their friends.

ANTOINETTE SYDNEY LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Website: www.asydneygroup.com

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.

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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
https://gumroad.com/l/jHoyL
Get a free sample of two chapters here
linktree:https://linktr.ee/asydneygrouptt

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

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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 to appoint a Compliance Officer for the FIU?

In order to appoint a Compliance Officer (CO), the Compliance Officer Fit and Proper Questionnaire must be downloaded from the (Financial Intelligence Unit) FIU’s website. It must be printed and completed and submitted to the FIU for review and approval.


Part 1 of the Form is completed by a Director of the Listed Business or Senior Management;
Parts 2 & 3 are completed by the proposed Compliance Officer;


Attach a copy of valid, Government issued identification and all qualifications and AML Training for the proposed Compliance Officer.

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.

#amlcomplianceconsultant #trinidadonlinelawyer #asydneygroup.com #businessregistration #antoinettesydney #sydneygroup #asydneygroup #trinidad #company #companies #lawyer #caribbean #aml #fiu #cft #frm #fraudrisk #graphicdesign #tax #taxation #taxes #nis #vat #bir #fiu #compliance #complianceofficer #realestate #casinos #cardealer

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What are Shell Companies ?:

A shell company is considered to be an incorporated company with no independent operations, significant assets, ongoing business activities, or employees. Shell companies tend to be…holding companies.[1]

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To launder money, the shell company purports to perform some service that would reasonably require its customers to often pay with cash.

The launderer then deposits the money with the shell company, which deposits it into its business bank accounts. The company then creates fake invoices and receipts to account for the cash. Such transactions create the appearance of legitimacy and clean money.

The shell company can then make withdrawals and either return the money to the initial criminal or pass the money on to further shell companies before returning it to further disguise who initially deposited the money[2].


[1] https://aml-cft.net/library/shell-company/

[2] https://www.law.cornell.edu/wex/money_laundering

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/

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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