Questionnairebasedonthe“ThePreventionandSuppressionofMoneyLaunderingActivitiesLawof2007 (tobereferredas“theLaw”) and “The Law regulating companies providing administrative services and related matters of 2012”, and as amended.
Guidelines for completing the questionnaire:
Α. The questionnaire should be completed by all members of the Cyprus Bar Association(lawyers, LLC – Lawyers Limited Company, Partnerships, CPAS - Companies Providing Administrative Services).
In case that:
1. A CPAS that:
a) has no clients
b) belongstoan LLCand iscoveredbythepoliciesandproceduresofthe LLC, thenin thequestionnaireofthe specific LLCthere should be a report with the names of the CPASs that are covered by the specific LLCin part «5.Other Comments» of the questionnaire.
2. A CPAS that has its own clients, should complete a separate questionnaire.
3. A lawyer who is employed and does not carry out the “other activities” except those of his/her employer, then he/she should simply fill in the «DECLARATION OF EMPLOYEE LAWYER» that is attached in Appendix B.
Β. The questionnaire should be completed by the Compliance Officer on behalf of the member of the Cyprus Bar Association.
SELECT THE CORRECT QUESTIONNAIRE:
WHEN YOU LOGIN, CLICK ON THE FIRST MENU ON THE LEFT
** APPENDIX B SHOULD ONLY BE FILLED BY EMPLOYEE ADVOCATES
1. Exercise of professional activities on behalf of independent lawyers, with the exception of privileged information, when they participate, whether-
(a) by assisting in the planning or execution of transactions for their clients concerning the-
(i) buying and selling of real property or business entities;
(ii) managing of client money, securities or other assets;
(iii) opening or management of bank, saving or securities accounts;
(iv) organisation of contributions necessary for the creation, operation or management of companies;
(v) creation, operation or management of trusts, companies or similar structures.
(b) by acting on behalf and for the account of their clients in any financial or real estate transaction.
2. The services and activities described below are considered to be administrative services -
(a) The management or administration of trusts including, without limitation, the undertaking or provision of trustee (commissioner) or protector of trusts, wherever these are set up or established, or the management or investment or marketing of the assets of a trust:
It is provided that when protector services are provided these are not deemed to be administrative services, within the meaning this Law, in case where the protector of a trust is one of the beneficiaries of the trust or the settlor or is a relative up to third degree of the settlor.
(b) The undertaking or provision of the service of managing companies, including, but not limited, to the management or the administration of companies, general or limited partnerships, or other organisations with or without separate legal personality, wherever these may be registered or established, and the provision of the following services:-
(i) providing directors for legal persons;
(ii) providing a secretary, or assistant secretary of legal persons;
(iii) holding the share capital of legal persons and registering the holder in the respective registers of shareholders on behalf of third persons;
(iv) provision of registered office address and or the official mailing address and or electronic address of companies;
(v) provision of general or limited partners in partnerships;
(vi) provision of other similar services, or in conjunction with the services described above, in relation to other legal persons or organisations, with or without separate legal personality;
(vii) opening or managing bank accounts;
(viii) safe keeping of financial instruments on behalf of clients, including acting as depositary, as defined in Annex III, Part II, paragraph 1 of the Investments Services and Activities and Regulated Markets Law, and other related services, unless this is provided as an ancillary service by an IF in the framework of the Investment Services and Activities and Regulated Markets Law.