Monday, 09 December 2019 16:27

OPERATORS OF INVESTMENT PLATFORMS ARE OBLIGED TO ORGANIZE MEASURES TO AML/CFT Featured

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From 01.01.2020, a new entity will appear on the financial market - the operator of the investment platform. In accordance with subparagraph 7) of clause 1 of article 2 of Federal law dated 02.08.2019 No. 259-FL "On attracting investments using investment platforms and on amending certain legislative acts of the Russian Federation" the operator of the investment platform is a business company created in accordance with the legislation of the Russian Federation, carrying out activities to organize investment attraction and included by the Bank of Russia in the register of investment platform operators.

It is worth noting that from 01.01.2020 the amendments to the Federal Law of 07.08.2001 also come into force. No. 115-FL "On combating the legalization (laundering) of proceeds from crime and the financing of terrorism" (hereinafter - Law No. 115-FL), according to which:

1. Operators of investment platforms become the subject of Law No. 115-FL (Supplement to the first part of Article 5 with a new fourth paragraph of the above law);

2. The operators of investment platforms are entrusted with the obligations specified in Article 7 of Law No. 115-FL, including the application of measures to freeze (block) money or other property in accordance with the requirements established by subparagraph 6 of paragraph 1 of Article 7 of Law No. 115- Federal Law. 

3. The operators of investment platforms have been granted the rights specified in Article 7 of Law No. 115-FL, in particular:

- simplified identification of investment platform operators with respect to customers in certain cases, namely: when concluding agreements on the provision of investment assistance services involving investment using the investment platform for an amount not exceeding 100,000 rubles, provided that all settlements are carried out exclusively in non-cash form on accounts opened with a Russian credit institution;

- an assignment of the identification procedure to third parties - on the basis of the contract to entrust the credit organization with the identification or simplified identification of the individual customer, as well as the identification of the client’s representative, beneficiary and beneficial owner.

4. The internal control rules of the Investment Platform Operators are developed taking into account the requirements approved by the Central Bank of the Russian Federation in agreement with the authorized body, and approved by the head of the organization.

5. Qualification requirements for special officials responsible for the implementation of internal control rules, targeted internal control rules, as well as requirements for training and education, identification of clients, client representatives (including identification of the sole executive body as a representative of the client), beneficiaries and beneficial owners are determined in accordance with the procedure established by the Bank of Russia.

Please note that non-compliance with the requirements of Law No. 115-FL entails the prosecution of an official and organization on the basis of Article 15.27 of the Code of Administrative Offenses of the Russian Federation. The consequences of non-compliance with the requirements of the AML/CFT legislation May result in criminal prosecution.

For questions regarding the organization of work on the implementation of Law No. 115-FL and training, write to This email address is being protected from spambots. You need JavaScript enabled to view it. or  This email address is being protected from spambots. You need JavaScript enabled to view it..

Read 130 times Last modified on Monday, 09 December 2019 17:05

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