April 28, 2020 The Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction” of December 6, 2019 № 361-IX (hereinafter - Law № 361-IX) entered into force.
The Law № 361-IX adopted by the Verkhovna Rada of Ukraine is aimed at protecting the rights and legitimate interests of citizens, society and the state, ensuring national security by defining a legal mechanism to prevent and combat money laundering, terrorist financing and proliferation of weapons of mass destruction. .
The above-mentioned Law amends a number of normative legal acts, including the Law of Ukraine “On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Associations” (hereinafter - the Law on Registration) and introduces some novelties in the field of state registration of legal entities. persons.
It should also be noted that according to part twenty-two of Article 17 of the Law on Registration (as amended by Law № 361-IX), legal entities are obliged to keep information on beneficial owners and ownership structure up to date, update it and notify the state registrar of changes within 30 working days from the date of their occurrence, and submit to the state registrar documents confirming these changes. If there are no changes in the ownership structure and information on the CBV of the legal entity, legal entities are obliged to notify the state registrar of the absence of such changes during the state registration of any changes to the information on the legal entity contained in the Unified State Register.
It should be noted that untimely submission to the state registrar of information on beneficial owners provided by the Law on Registration or on its absence, or documents to confirm information on KBV is an administrative offense, the responsibility for which is established by part six of Article 1661 of the Code of Administrative Offenses.
Please note that according to Article 8 of Law № 361-IX, the Bank is obliged to notify the Specially Authorized Body of discrepancies between the information on the ultimate beneficial owners of the client, which is contained in the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations. ), and information on the ultimate beneficial owners obtained by the Bank as a result of due diligence of the client.
In this regard, please update the information about your ownership structure, and make sure that it is accurately reflected in the USR.
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