GROUP MANUAL OPENING OF CURRENT ACCOUNTS FOR LEGAL ENTITIES

Transcription

1 GROUP MANUAL OPENING OF CURRENT ACCOUNTS FOR LEGAL ENTITIES October 2013 Hypo Group Network International Desk HBInt. Group Corporate & Public Finance Silvia Jessenig page 1/37

2 TABLE OF CONTENT 1. HYPO ALPE-ADRIA-BANK S.p.A., UDINE NON-RESIDENTS RESIDENTS HYPO ALPE-ADRIA-BANK D.D., LJUBLJANA NON-RESIDENTS RESIDENTS HYPO ALPE-ADRIA-BANK D.D. ZAGREB NON-RESIDENTS RESIDENTS HYPO ALPE-ADRIA-BANK A.D., BANJA LUKA General working procedure NON-RESIDENTS RESIDENTS HYPO ALPE-ADRIA-BANK D.D., MOSTAR NON-RESIDENTS RESIDENTS HYPO ALPE-ADRIA-BANK A.D., BEOGRAD NON-RESIDENTS RESIDENTS HYPO ALPE-ADRIA-BANK AD, PODGORICA NON-RESIDENTS RESIDENTS HBInt. Group Corporate & Public Finance Silvia Jessenig page 2/37

3 1. HYPO ALPE-ADRIA-BANK S.p.A., UDINE 1.1. NON-RESIDENTS Contact person: Procedure: Ms. Silvia Giacomuzzi-Moore Tel ) The affiliated bank of the Hypo group at which the client applies for opening of a non-resident account with the Hypo Alpe-Adria- Bank S.p.A., Udine, collects and sends the complete documentation needed to the contact person of Hypo Alpe-Adria-Bank S.p.A., Udine 2) Hypo Alpe-Adria-Bank S.p.A., Udine, sends pre-filled forms to the affiliated bank of the Hypo group 3) The client signs the forms at the affiliated bank of the Hypo group 4) The affiliated bank of the Hypo group returns the forms to Hypo Alpe-Adria-Bank S.p.A., Udine, and confirms the signatures by SWIFT Documentation: o personal documents for identification (identity card or passport client s address is needed as well) o tax number o article of association o copy of latest balance sheets o registration of the company o list of authorized signatures of the company Forms: Remarks, legal restrictions: Tariff: 1) General conditions of contract relation to bank-client relations 2) Correspondence current account and accessory services contract 3) Summary document 4) Economic conditions statement 5) Scheda anagrafica cliente client data sheet (before data privacy and delega in conto corrente) 6) Specimen Optional forms: 8) Current account mandate As the English version of the forms has no legal validity for HBI clients have to sign the Italian version of the forms. specified on the forms for opening of the account HBInt. Group Corporate & Public Finance Silvia Jessenig page 3/37

4 1. HYPO ALPE-ADRIA-BANK S.p.A., UDINE 1.2. RESIDENTS Contact person: Procedure: Ms. Silvia Giacomuzzi-Moore Tel ) The affiliated bank of the Hypo group at which the client applies for opening of a non-resident account with the Hypo Alpe-Adria- Bank S.p.A., Udine, collects and sends the complete documentation needed to the contact person of Hypo Alpe-Adria-Bank S.p.A., Udine 2) Hypo Alpe-Adria-Bank S.p.A., Udine, sends pre-filled forms to the affiliated bank of the Hypo group 3) The client signs the forms at the affiliated bank of the Hypo group 4) The affiliated bank of the Hypo group returns the forms to Hypo Alpe-Adria-Bank S.p.A., Udine, and confirms the signatures by SWIFT Documentation: o personal documents for identification (identity card or passport client s address is needed as well) o tax number o article of association o copy of latest three balance sheets o registration of the company o list of authorized signatures of the company Forms: Tariff: 1) Prospetto integrativo delle condizioni economiche 2) Documento di sintesi 3) Norme general terms 4) Scheda anagrafica cliente client data sheet (before data privacy and delega in conto corrente) 5) Cartellino anagrafico/firme signature card 6) Revoca della autorizzazione ad emettere assegni 7) Internet banking specified on the forms for opening of the account and may differ as it depends on the type of the account HBInt. Group Corporate & Public Finance Silvia Jessenig page 4/37

5 2. HYPO ALPE-ADRIA-BANK D.D., LJUBLJANA 2.1. NON-RESIDENTS Contact person: Mr. Ivo Rep Tel Documentation: Forms: Remarks, legal restrictions: valid personal document with picture of the authorized person(s) (identity card, passport), Certificate of registration of legal entity issued at least two (2) months prior to the account application (if certificate of registration is older than 2 months also certificate of good standing (not older than 2 months is needed), translated in English or in Slovene language. VAT number if the company is registered in EU, document or extract which presents current shareholders structure, an official statement issued by an authorised entity. Application form for Non-resident account opening Form of self disclosure Authorized signatures form (in two copies) General terms and Conditions to hand over to the client Contract on opening and managing of transaction account and performing payment services With opening of the current account for foreign legal entities who are not allowed to make business in countries where they are established ( off-shore companies ) additional documents are required. Documents about beneficial owners has to be presented Our bank is obliged to renew documentation in five year period or if there are changes related to existing documents Tariff: Information in document Price list of Hypo Alpe-Adria-Bank d.d. Slovenia non-residents Procedure: 1. Identification at opening the account: We have to make an identification of authorized person/s of the company, which would like to open a non-resident account. There are two possibilities: a- authorised person/s come to our premises personally. b- identification of authorised person/s is done by Hypo Alpe-Adria-Bank d.d. Slovenia correspondent bank. (NOTE: possibility b) will be decided by Hypo Alpe-Adria-Bank d.d. Slovenia case by case! ) Ad b) 1) Hypo Alpe-Adria-Bank d.d., Slovenia sends complete documentation needed for opening the account to the correspondent bank at which the client HBInt. Group Corporate & Public Finance Silvia Jessenig page 5/37

6 applies for opening of an account with the Hypo Alpe-Adria-Bank d.d., Slovenia 2) The correspondent bank collects complete documentation needed for opening the account with the Hypo Alpe-Adria-Bank d.d., Slovenia 3) The client signs the forms at the correspondent bank of the Hypo Alpe- Adria-Bank d.d Slovenia 4) After signing all documents with the client correspondent bank of the Hypo Alpe-Adria-Bank d.d Slovenia confirms the authenticity of the signatures and documents by setting a stamp as well as signatures of at least two employees authorized to give signatures for the bank on each document i.e. form. 5) Correspondent bank of the Hypo Alpe-Adria-Bank d.d Slovenia also fill in a special form NEREZ- Confirmation of identification of authorised person(s) for the company and sends confirmation of the signatures by SWIFT stating: We confirm, that (name/ names + date of birth) appeared in person, and that we were able to identify him/her/them as authorized person(s) of the (name + address of company). 6) The complete documents are sent to Hypo Alpe-Adria-Bank d.d. Slovenia in original to the contact person of Hypo Alpe-Adria-Bank d.d. Slovenia 2. Signing the contract On the basis of the Contract, the Bank will open for the Account Holder an account through which the Bank will receive and effect payments for the Account Holder within the scope of funds available on the Account. HBInt. Group Corporate & Public Finance Silvia Jessenig page 6/37

7 2. HYPO ALPE-ADRIA-BANK D.D., LJUBLJANA 2.2. RESIDENTS Contact person: Mr. Ivo Rep Tel Documentation: Forms: Valid personal document with picture of the authorized person(s) (identity card, passport), Photocopy of certificate of registration of legal entity issued at least two (2) months prior to the account application, document or extract which presents current shareholders structure, an official statement issued by an authorised entity. Certificate of paid taxes (entrepreneurs) Application form for Bank Account opening Form of self disclosure Authorized signatures form (in two copies) General terms and Conditions to hand over to the client Contract on opening and managing of transaction account and performing payment services Remarks, legal restrictions: Documents about beneficial owners has to be presented Our bank is obliged to renew documentation in five year period or if there are changes related to existing documents Tariff: Information in document Price list of Hypo Alpe-Adria-Bank d.d. Slovenia residents Procedure: 1. Identification at opening the account : We have to make an identification of authorized person/s of the company, which would like to open a non-resident account. There are two possibilities: a- authorised person/s come to our premises personally. b- identification of authorised person/s is done by Hypo Alpe-Adria-Bank d.d. Slovenia correspondent bank. Ad b) 1) Hypo Alpe-Adria-Bank d.d., Slovenia sends complete documentation needed for opening the account to the correspondent bank at which the client applies for opening of an account with the Hypo Alpe-Adria-Bank d.d., Slovenia 2) The correspondent bank collects complete documentation needed for opening the account with the Hypo Alpe-Adria-Bank d.d., Slovenia 3) The client signs the forms at the correspondent bank of the Hypo Alpe- Adria-Bank d.d Slovenia HBInt. Group Corporate & Public Finance Silvia Jessenig page 7/37

8 4) After signing all documents with the client correspondent bank of the Hypo Alpe-Adria-Bank d.d Slovenia confirms the authenticity of the signatures and documents by setting a stamp as well as signatures of at least two employees authorized to give signatures for the bank on each document i.e. form. 5) Correspondent bank of the Hypo Alpe-Adria-Bank d.d Slovenia also fill in a special form NEREZ- Confirmation of identification of authorised person(s) for the company and sends confirmation of the signatures by SWIFT stating: We confirm, that (name/ names + date of birth) appeared in person, and that we were able to identify him/her/them as authorized person(s) of the (name + address of company). 6) The complete documents are sent to Hypo Alpe-Adria-Bank d.d. Slovenia in original to the contact person of Hypo Alpe-Adria-Bank d.d. Slovenia. 2. Signing the contract On the basis of the Contract, the Bank will open for the Account Holder an account through which the Bank will receive and effect payments for the Account Holder within the scope of funds available on the Account. HBInt. Group Corporate & Public Finance Silvia Jessenig page 8/37

9 3. HYPO ALPE-ADRIA-BANK D.D. ZAGREB 3.1. NON-RESIDENTS Contact person: Procedure: Ms. Ivana Rajndl / Ms. Gordana Prpić Tel.no / ivana.rajndl@hypo-alpe-adria.com gordana.prpic@hypo-alpe-adria.com 1) The affiliated bank of the Hypo Group at which the client applies for opening of a non-resident account with the Hypo Alpe-Adria-Bank d.d., Zagreb, collects and sends the complete documentation needed to the contact person of Hypo Alpe-Adria-Bank d.d. Zagreb, indicating how to correspond with the client (direct contact, contact only via financial adviser, ) and the kind of delivery of the bank account statements (by mail, box, collected by the bank) 2) After receiving the complete documentation/information according to point 1) Hypo Alpe-Adria-Bank d.d. Zagreb sends forms to the affiliated bank of the Hypo Group 3) The client signs the forms at the affiliated bank of the Hypo Group 4) After signing all documents by client s authorised signatories, the affiliated bank of the Hypo Group confirms the authenticity of the signatures and documents by setting a stamp as well as signatures of at least two employees (authorised to give sign for on behalf of the bank) on each document i.e. form. The complete documentation is to be sent back to HBC. THIS PROCEDURE IS NOT APPLICABLE FOR ENTITIES REGISTERED IN OFF SHORE ZONES! Documentation: A registration issued in the country of origin which shows the legal form and the date of incorporation. The registration should not be older than 3 months and it should be submitted in original together with a certified translation in Croatian or English. Instead of the original we can also accept a certified copy of the registration from off-shore zone by Apostile. OIB number from Croatian Ministry of Finance- obligatory! Authorised signatories list. Person who is authorized to represent the company must be present in the Bank in the moment of opening account (or affiliated Bank of Hypo Group). Person who is authorized to represent the company can authorized another person for disposing of bank account funds by special Power of Attorney certified by a public notary or by a foreign commercial court or by a correspondent bank. If the authorised persons are present at bank s premises it is not necessary to present the authorised signatories list document! It must be emphasised that an authorised person can never have greater rights than the account s owner. The most recent financial reports certified by an auditor or by the tax office. The non-residents who still do not operate a full year or are not obliged to submit financial reports in their country must submit documents showing that they paid the tax. The non-residents are obliged to submit new registration on a yearly basis in order for the non-resident account to remain active. The registration must be submitted in original or certified copy along with the translation in English or Croatian made by the official interpreter. Enclosed with registration, non-residents are obliged to submit every year new Beneficial Ownership Statement as well as newly certified Power of Attorney in case that account has been opened on the basis of Power of Attorney. Specified documents have to be submitted every 12 months i.e. before expiration of one year from submitting of the last set of specified HBInt. Group Corporate & Public Finance Silvia Jessenig page 9/37

10 documents. If necessary documents haven t been delivered until stated deadline, Bank will have to cancel the Contract and close the account. Copies of the personal identification documents (passport) Forms: All forms are in Croatian. English version is attached for translation purposes only, since only documentation in Croatian is legally valid and binding: 1) Request for the opening of a transaction account 2) Contract 3) List of Signatories 4) Beneficial Ownership Statement 5) General Terms The affiliated bank will be provided with all needed forms upon sending the complete documentation to Hypo Alpe-Adria-Bank d.d. Zagreb, attn. nominated responsible client manager (see procedure). Remarks, legal restrictions: Opening of the current account abroad in affiliated banks of the Hypo Group - possible! stamp and signatures of at least two employees of the bank on each document i.e. form as confirmation necessary Disposing with funds on the non-resident account: Foreign legal entities can withdraw and deposit their funds in cash in HRK or any foreign currency without limit. Furthermore, there are no restrictions or limits for incoming or outgoing non-cash transactions of non-residents. Payments in favour of the Croatian legal and physical persons are allowed as long as they are executed in line with the Croatian Foreign Exchange Act and Payments System Act. All payment orders are processed and executed in line with Execution Schedule. We have e-banking for non-residents. Payment orders can be submitted personally in original, by fax or by e-banking. Tariff: The most up to date version available on our web site HBInt. Group Corporate & Public Finance Silvia Jessenig page 10/37

11 3. HYPO ALPE-ADRIA-BANK D.D. ZAGREB 3.2. RESIDENTS Contact person: Ms. Ivana Rajndl / Ms. Gordana Prpić Tel.no / ivana.rajndl@hypo-alpe-adria.com / gordana.prpic@hypo-alpe-adria.com Documentation: o o o o o o Company registration from the commercial court (or a copy approved by a public notary) Article of association if registration from the commercial court is not submitted Statement on statistical classification of the legal entity (type of activity for which the company is registered) Confirmation of the identification number issued by the tax administration OIB (if not stated in company registration or statement on statistical classification) Copies of identity cards or passports of authorised persons for representing the company Copies of identity card or passport for each authorised person for disposing on the account Forms: For opening of multi-currency transaction account: 1) Zahtjev za otvaranje transakcijskog računa* (Request for the Opening of a Transaction Account) 2) Ugovor o otvaranju i vođenju transakcijskog računa i obavljanju platnih usluga (Contract) 3) Prijava potpisa za svakog potpisnika (Signature Specimen for Each Signatory) 4) Izjava o stvarnom vlasnistvu (Beneficial Ownership Statement) 5) Opci uvjeti po transakcijskim računima poslovnih subjekata (General Terms) 6) Obrazac za određivanje oznake i organizacijeske jedinice komitenta (Form for Determination of Client s Segment and Organisational Unit) *Visa Business Electron / MC Electronic Business Card and HYPOnet application forms are integral part of the Request for the Opening of a Transaction Account for legal entities Remarks, legal restrictions: opening of the current account abroad in affiliated banks of the Hypo Group - impossible! the client has to come to Croatia and sign the forms in front of the bank clerk of HBC. Furthermore, the documents have to be presented in original to HBC at least once. Tariff: The most up to date version available on our web site HBInt. Group Corporate & Public Finance Silvia Jessenig page 11/37

12 4. HYPO ALPE-ADRIA-BANK A.D., BANJA LUKA 4.1. General working procedure Further to the Instruction for opening and closing of accounts for conducting of payment transactions and keeping of records (RS Official Gazette no. 86/02 and 68/04), Rulebook on registration and identification of tax payers (RS Official Gazette no. 104/03), Rulebook on conditions and way of opening and maintaining the non-resident account (RS Official Gazette No. 89/07) the future client of the Bank foreign legal person (hereinafter: the nonresident) must obtain, from the RS Tax Administration, Business unit from the headquarters of the Bank s organizational unit, Certificate on registration Form PE or Certificate on registration Form PR, as evidence that non-resident was registered in the Register of tax payers. In order for the non-residents to obtain such a Certificate they have to provide the competent office of the Tax Administration in RS with the following documentation: 1.1. Photocopy of documentation on foundation of the company, i.e. documentation on entering in the register of domicile competent organ signed and certified by the notary, i.e. photocopy of registration for the non-resident from the register kept by the competent organ in BiH, i.e. in RS. These are documents named in paragraph II Foreign legal persons, item and 4.2 from the subject Instruction; 1.2. Translation of document on registration in register of domicile competent organ (registration) in one of the languages used in BiH (Serbian, Croatian or Bosnian) which have to be signed and certified by the competent interpreters; 1.3. Photocopy of passports for persons authorized for representing the non-residents, signed and certified by the notary; 1.4. Application for registration Form PZR-01 is filled and signed by the person authorized for representing the non-resident and certified by the company seal Republic duty in the amount of KM 2,00 (EUR 1,03) The abovementioned documents from item 1.1 to the item 1.5. are submitted to the competent office of the Tax Administration by the persons authorized to represent the non-resident. The same can be submitted to the RS Tax Administration office by some other person claiming representative role who requires the following: 1.6. Authorization issued by the legal person-non-resident, certified by the company seal and signed by the person authorized for representing the non-resident and 1.7. Copy of ID document (passport or personal ID card if the person comes from RS) for the authorized person from item 1.6., signed and certified by the notary or authorized institutions in RS Municipality if the authorized person comes from RS. Pursuant to this documentation, office of the RS Tax Administration, from the headquarters of the Bank s organizational unit, will issue the Certificate on registration (Form PE) or the Certificate on registration (Form PR) within 5 working days from date of the Application for registration Form PZR-01- item 1.4. The subject certificate is one of documents necessary for conclusion of the Contract for the opening of a nonresident account, which is listed as part of documentation under the item 1.10., 2.7., 3.4., 4.7. of the Instruction for working with foreign legal persons non-residents. CHANGING DATA IN THE REGISTER OF TAX PAYERS In case that the non-resident changes his data related to the previous registration in the register during validity of the Certificate on registration Form PE (e.g. change of the address of the company headquarters, change of the legal representative and other), the non-resident is obliged to register these changes on the Form PZR-2- Reporting of changes in the registration. HBInt. Group Corporate & Public Finance Silvia Jessenig page 12/37

13 This Application can be presented to the Tax Administration office by the legal representative of the non-resident or by the other person with authorization and copy of ID document pursuant to the explanation cited in the previous text. DELETING FROM THE REGISTER OF TAX PAYERS In certain moment, when the need for the non-resident account seizes, legal person non-resident closes the account with our Bank upon following procedure: 1. The non-resident submits written request at the competent office of the RS Tax Administration, where it was registered, for cancelling of registration for his company from the register of tax payers, which is signed by the legal representative and certified by the company seal. The request must be enclosed with the original of the Certificate on registration Form PE or original of the Certificate on registration Form PR. This request can be presented to the Tax Administration office by the legal representative in person or some other person who must have authorization for presenting this Request to the Tax Administration and take over of the Certificate on cancelling of registration by the Tax Administration Banja Luka. This authorization must be signed by the legal representative of non-resident and certified by the seal of the company non-resident with mandatory enclosed copy of passport for the authorized person, which is certified by the notary or some other institution authorized for the certification of documents, as for example office of the Banja Luka Municipality. This Certificate on cancelling of registration Form PO is taken over within 5 working days from the submission date of request for cancelling registration. 2. Request is submitted to the Bank for closure of the account with order for transfer of funds on the accounts in domicile bank enclosed by the photocopy of the Certificate on cancelling of registration Form PO, certified by the institution (municipality or court) in RS or the notary pursuant to sub-item 3.1., item 3 Closure of accounts at the Bank of the Instruction for working with foreign legal persons. This instruction is submitted to non-residents, without obligation and responsibility for the Bank, in order to facilitate communication and faster realization of the procedure for the opening of the non-resident accounts at the Bank. HBInt. Group Corporate & Public Finance Silvia Jessenig page 13/37

14 4.2. NON-RESIDENTS 4. HYPO ALPE-ADRIA-BANK A.D., BANJA LUKA Contact person: Ms. Ljiljana Trakilovic Tel.: Documentation: Pursuant to the article 37 of the Hypo Alpe-Adria-Banka a.d. Statute and Decision on Issuing Authorization to Director to Sign By-laws of the Bank no. NO-IX-23/2004 of , on , director of the Bank is issuing the following INSTRUCTION FOR WORKING WITH FOREIGN LEGAL PERSONS NON-RESIDENTS I. General In business banks in BiH, RS, non-residents can open transaction accounts in domestic and foreign currency (hereinafter: non-residents) used for keeping funds by the non-residents as account holders, as well as for realization of the same and conducting of payment transactions pursuant to the existing legal regulations in BiH, RS and by-laws of Hypo Alpe-Adria-Bank a.d. (hereinafter: the Bank). II. Foreign legal persons 1. Foreign legal person opens non-resident accounts upon contract on depositing of funds in domestic and foreign currency and conducts payment operations. The contract is concluded between the non-resident and the Bank by submitting the following documentation: 1.1. Request for opening of non-resident accounts with explanation of reasons for the opening of the same, basic and important data filled in form of the Bank Request for the opening of non-resident account and Questionnaire Abstract of original regarding document on foundation of the company from the register where the non-resident was registered at the competent institution of the company where it has registered headquarters or photocopy of the original regarding registration certified and signed by the notary or some other competent institution. Date of original abstract or date when the photocopy of original was certified must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts Translation of document listed in item 1.2. from the language of the non-resident s domicile country to one of the official languages in BiH, which must be certified or signed by the authorized interpreters or other competent institutions. Certification and signing of translation must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts. If it is registration from the Republic of Croatia or Serbia and Montenegro translation is not necessary If it is non-resident that is not being registered in the register of competent organs regarding the non-resident s domicile country, then valid document on foundation is submitted pursuant to regulations of the non-resident headquarters country, which must contain, among other things, name and headquarters of the non-resident, legal form and date of foundation, name(s) of founder(s) and percentage of share regarding every capital investor of the company, names of persons authorized for representing, etc. Abstract of original or photocopy of such document certified by the notary or some other competent institution must not be older than 3 months from the date regarding submission of request for the opening of nonresident accounts Document from item 1.4. is enclosed with translation of the same to one of the official languages in BiH, which must be certified or signed by the authorized interpreters or other competent institutions and must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts. If it is document from the Republic of Croatia or Serbia and Montenegro translation is not necessary. HBInt. Group Corporate & Public Finance Silvia Jessenig page 14/37

15 1.6. Abstract of the Law or other regulation in case the non resident account is being opened under such purpose, certified by the notary or other competent institution form the headquarters of the legal entity, which must not be older than 3 months from the date of the submission of the request for the non-resident account opening. With this document a translation on one of the official language of BiH must be enclosed, certified and signed by the official interpreters or other competent institution and must not be older than 3 months from the date of the submission of the request for the non-resident account opening Photocopy of passports for persons authorized to represent the non-resident (director) and photocopy of passports for persons authorized to use funds on the non-resident account, which are named on the specimen of signatures. These photocopies of passports have to be certified and signed by the notary or some other competent institution, whose certification must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts and must contain basic data about person, photo and signature. In case such photocopies are being certified by the competent institutions at B&H than a translation of the same is requested which is certified and signed by the official interpreters or other competent institution and must not be older than 3 months from the date of the submission of the request for the non-resident account opening. In case that the non-resident account is being opened from the headquarters of Croatia, Serbia and Montenegro than a valid ID photocopy of the legal representative(s) and authorized persons can be accepted instead a passport. The ID photocopy certified by the notary or other competent institution must not be older than 3 months form the date of the submission of the request for the non-resident account opening and needs not to be translated Financial statements on business operations (semi-annual or annual) for the current or previous year, which were certified by the audit house or other competent institution in the non-resident s domicile country. If the non-resident is not obliged to issue the financial statement in domicile country, then it is necessary to submit the document proving the paid tax obligations for the previous year or the documents proving that foreign legal entity does not have unpaid tax obligations in the non-resident s domicile country. Certified and signed by the competent institution which must not be older than 3 months from the date of the submission of the request for the non-resident account opening Specimen of signatures for the persons authorized to use funds on the non-resident accounts, which are certified by the non-resident s seal and signature of legal representative. Specimen is enclosed with photocopies of passports as cited in the item Pursuant to documents listed in item 1.2.,1.3. and 1.4. or 1.5.(registration) it is necessary to determine natural persons that possess directly or indirectly minimum of 20% of ownership and identify the same: name and surname, address, date and place of birth. If this data is contained in the passport it is sufficient to obtain photocopy of the passport. If the owner of non-resident is completely or partially other legal person (20% and more) it is necessary to obtain the registration of that other legal person in order to acquire data on indirect ownership of natural persons, hence, if such persons exist, obtain photocopies of their passports signed and certified by the notary or some other institution and execute identification as previously explained Photocopy of Certificate on registration FORM PE issued by the competent office of BiH RS Tax Administration from the Bank s headquarters or the headquarters of the Bank s organizational unit where the non-resident is opening non-resident accounts. Photocopy of this document must be certified by the notary or some other competent institution for certification in BiH-RS and it must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts. 2. Foreign representation office does not have status of legal person but is integral part of a foreign legal person and can open more business units in BiH except in area of military equipment, security assets and service for needs of internal affairs organs. Representation office conducts operations upon order of a parent legal person within authorities given by the parent legal person. Most frequently they are market research operations, propaganda, mediation, offering services of selling transportation documents regarding foreign transporting companies pursuant to interstate contracts and international conventions concluded or joined by BiH, etc. The Bank is opening non-resident accounts to the foreign representation office upon the contract on depositing of foreign and domestic monetary funds and conducting payment operations, which is being concluded with the nonresident with previous submission of the below mentioned documentation in the Bank: 2.1. Request for the opening of non-resident accounts with description of reasons for opening of the same pursuant to issued authorizations of the parent legal person on form of the Bank Request for the opening of non-resident account and Questionnaire. HBInt. Group Corporate & Public Finance Silvia Jessenig page 15/37

16 2.2. Abstract of the original document on establishing the company from the register in non-resident s headquarters or photocopy of the original registration certified by the notary or other competent institution from the headquarters of the legal entity, which must not be older than 3 months from the date of the submission of the request for the non-resident account opening Translation of the document listed in item 2.2. from the language of the non-resident s domicile country to one of the official languages in BiH, which must be certified or signed by the authorized interpreters or other competent institutions. Certification and signing of translation must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts. If the registration is from Croatia, Serbia and Montenegro the translation is not necessary Pursuant to documents listed in item 2.2. and 2.3. it is necessary to determine natural persons that possess directly or indirectly minimum of 20% of ownership and identify the same: name and surname, address, date and place of birth. If this data is contained in the passport it is sufficient to obtain photocopy of the passport. If the owner of non-resident is completely or partially other legal person (20% and more) it is necessary to obtain the registration of that other legal person in order to acquire data on indirect ownership of natural persons, hence, if such persons exist, obtain photocopies of their passports signed and certified by the notary or some other institution and execute identification as previously explained in item Decision on registration in Register of foreign legal persons representation offices in BiH, which is issued by the BiH Ministry of foreign trade and economic relations in photocopy certified by the competent institutions in BiH-RS, which must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts Decision or other document on foundation of the Representation office in BiH signed and certified by the legal representative of the parent legal person in photocopy certified by the notary or other competent institution that must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts. If this document is written in foreign language of the non-resident s domicile country, then translation is necessary of the same to one of the official languages in BiH, which is signed and certified by the authorized interpreters or other competent institutions, which must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts. If it document from the Republic of Croatia and Serbia and Montenegro translation is not necessary Decision on appointing the persons for representing and working in the Representation office in BiH signed and certified by the legal representative of the parent legal person in photocopy certified by the notary or other competent institution, which must not be older than 3 months from the date of request for account opening. If this document is written in of the non-resident s domicile country, then translation is necessary of the same to one of the official languages in BiH, which is signed and certified by the authorized interpreters or other competent institutions, which must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts Notice on classification of foreign legal persons representation offices upon business activities, issued by the competent Institute for statistics, in photocopy certified by the competent institutions in BiH, which must not be older than 3 months from the date regarding submission of request for the opening of non-resident accounts, Photocopy of the passport for the legal representative (director) of the parent legal person, photocopy of passport for the legal representative of the Representation office and persons authorized for using funds on the accounts. These photocopies have to be certified by the notary or other competent institutions in BiH with date of certification not older than 3 months from the date regarding submission of request for the opening of non-resident accounts, In case the non-resident account is being opened which parent legal entity headquarter is from Croatia, Serbia and Montenegro, than a valid ID photocopy of the legal representative(s) and authorized persons can be accepted instead a passport. The ID photocopy certified by the notary or other competent institution must not be older than 3 months from the date of the submission of the request for the non-resident account opening and needs not to be translated Photocopy of the Certificate on registration (Form PR), issued by the competent office of the BiH RS Tax Administration from the Bank s headquarters or headquarters of the Bank s organizational unit in which Representation office is opening the non-resident accounts. Photocopy of this document must be certified by the notary or other competent institution for certification in BiH-RS which must not be older than 3 months from the date of request for account opening. HBInt. Group Corporate & Public Finance Silvia Jessenig page 16/37

17 2.11. Specimen of signatures for the persons authorized to use funds on the non-resident accounts, which is certified by the seal of the Representation office and signature of the legal representative. The Specimen is enclosed with photocopies of passport as listed in the item Financial statements of legal entity or Tax confirmation of executed tax obligations in the country of legal entity in accordance to point Foreign diplomatic and consular representation offices in BiH The Bank opens non-resident accounts to diplomatic and consular representation office upon the contract on depositing of foreign and domestic monetary funds and conducting payment operations, which is being concluded with the non-resident with previous submission of the below mentioned documentation in the Bank: 3.1. Request for opening of the non-resident accounts on form of the Bank Request for the opening of non-resident account and Questionnaire Decision on registration in the Register kept by the competent organs in BiH, in photocopy certified by the notary or other competent institution in BiH-RS, which must not be older than 3 months from the date regarding submission of request from the item Photocopy of passports for the ambassador or consul and persons authorized to use funds on the accounts, certified by the notary or other competent institution in BiH-RS, which must not be older than 3 months from the date regarding submission of request from the item Photocopy of the Certificate on tax registration (Form PR) issued by the competent Tax Administration in BiH-RS from headquarters of the Bank or the Bank s organizational unit where the nonresident is opening non-resident accounts or by the competent Tax Administration in BiH-Federation in case the foreign diplomatic and consular representation office is with the headquarters of Federation BiH. Photocopy of this document must be certified by the notary or other competent institution in BiH, which must not be older than 3 months from the date regarding submission of request from the item Specimen of signatures for the persons authorized to use funds on non-resident accounts, certified by the seal of the embassy or the consulate and signature of the ambassador or the consult, as well as other documents if the same are necessary pursuant to legal regulations and requests of the Bank in moment submission of Request from item 3.1. Specimen is enclosed with photocopies of passports as listed in the item 3.3. or photocopies of the ID for residents if the same are mentioned on the Specimen. 4. International organizations Pursuant to the contract on depositing of foreign and domestic funds and conducting payment operations, which Bank concludes with representatives of United nations and other international organizations/monetary missions, the Bank opens non-resident accounts with the previous submission of the below listed documentation to the Bank: 4.1. Request for opening of the non-resident accounts on form of the Bank Request for the opening of non-resident account and Questionnaire Decision on registration in the Register kept by the competent organs in BiH, or confirmation of the international mission accreditation at the competent institute at BiH, in photocopy certified by the notary or other competent institution in BiH, which must not be older than 3 months from the date regarding submission of request from the item Permit on realization of project that is implemented by the international organization in BiH issued by the competent ministry after registration in the Register, in photocopy certified by the notary or other competent institution in BiH or certified photocopy of the international Act based on which international mission operates in BiH, which must not be older than 3 months from the date regarding submission of request from the item Photocopy of Document on foundation and registration of foreign international organization with the competent institutions of the country of its headquarters in the language of domicile with translation of the same by the authorized interpreter or other competent institution in one of official languages in BiH. With this Act a passport photocopy of the president of the international organization or mission is being submitted Photocopy of this document must be certified by the notary or other competent institution not older than 3 months from the request s date from the item 4.1. If it document from the Republic of Croatia and Serbia and Montenegro translation is not necessary Photocopy of decision or other document appointing person(s) authorized for representing the international organization in BiH. HBInt. Group Corporate & Public Finance Silvia Jessenig page 17/37

18 If this document is in the language of the domicile country, translation of the same is necessary, to one of official languages in BiH by the authorized interpreter or some other competent institution. Photocopy of this document must be certified by the notary or other competent institution not older than 3 months from the request s date from the item Photocopy of passports for persons named as persons for representing of international organization in BiH and photocopy of passports/id for persons authorized for using the funds on non-resident accounts, which must be certified by the notary or other competent institution not older than 3 months from the request s date from the item Photocopy of the Certificate on registration (Form PR) issued by the competent Tax Administration in BiH-RS from the headquarters of the Bank or the Bank s organizational unit where the non-resident is opening non-resident accounts or by the competent Tax Administration in BiH-Federation in case international organization is with the headquarters of Federation BiH. certified by the notary or other competent institution in BiH and not older than 3 months from the request s date from the item Specimen of signatures for the persons authorized for use of funds on the non-resident accounts, which is certified by the seal of the international organization/mission and signature of the person authorized for representing the same in BiH, as well as other documents if the same are necessary pursuant to legal regulations and requests of the Bank in the moment regarding the submission of Request from item 4.1. Specimen is enclosed with photocopies of passports as listed in the item 4.6. International organizations, which act upon special contracts concluded between state organs of the international organization s domicile country and BiH Government have special status, such as UNESCO; UNICEF; UNHCR; IMF; OSCE; SFOR; WB. Depending on provisions of concluded contracts and nature of the organization, during submission of request for the opening of non-resident accounts necessary documentation listed under item 4 will be individually defined. 5. Foreign associations and foundations Pursuant to the contract on depositing of foreign and domestic funds and conducting payment operations, which Bank concludes with foreign associations and foundations, the Bank opens non-resident accounts with the previous submission of the below listed documentation to the Bank: 5.1. Request for opening of the non-resident accounts on form of the Bank Request for the opening of non-resident account and Questionnaire Abstract of entering into Register at the authorized institutions at RS, BiH, in photocopy certified by the notary or other competent institution in BiH, this must not be older than 3 months from the date regarding submission of request from the item Permit on realization of project that is implemented by the foreign association and foundation in BiH issued by the competent ministry after registration in the Register, in photocopy certified by the notary or other competent institution in BiH or certified photocopy of the international Act based on which international mission operates in BiH, which must not be older than 3 months from the date regarding submission of request from the item Photocopy of Document on foundation and registration of foreign association and foundation with the competent institutions of the country of its headquarters in the language of domicile country with translation of the same by the authorized interpreter or other competent institution in one of official languages in BiH. With this Act a passport photocopy of the president of the foreign association and foundation is being submitted Photocopy of this document must be certified by the notary or other competent institution not older than 3 months from the request s date from the item 5.1. If it document from the Republic of Croatia and Serbia and Montenegro translation is not necessary Photocopy of decision or other document appointing person(s) authorized for representing the foreign associations and foundations in RS, BiH. If this document is in the language of the domicile country, translation of the same is necessary, to one of the official languages in BiH by the authorized interpreter or some other competent institution. Photocopy of this document must be certified by the notary or other competent institution not older than 3 months from the request s date from the item Photocopy of passports for persons named as persons for representing of foreign associations and foundations in BiH and photocopy of passports/id for persons authorized for using the funds on non-resident accounts, which must be certified by the notary or other competent institution not older than 3 months from the request s date from the item 5.1., 5.7. Photocopy of the Certificate on registration (Form PR) issued by the competent Tax Administration in BiH-RS from the headquarters of the Bank or the Bank s organizational unit where the non-resident is opening HBInt. Group Corporate & Public Finance Silvia Jessenig page 18/37

19 non-resident accounts or by the competent Tax Administration in BiH-Federation in case foreign associations and foundations is with the headquarters of Federation BiH certified by the notary or other competent institution in BiH and not older than 3 months from the request s date from the item Specimen of signatures for the persons authorized for use of funds on the non-resident accounts, which is certified by the seal of the foreign association and foundation and signature of the person authorized for representing the same in BiH, as well as other documents if the same are necessary pursuant to legal regulations and requests of the Bank in the moment regarding the submission of Request from item 5.1. Specimen is enclosed with photocopies of passports as listed in the item Financial statements on business operations of the parent legal entity or Tax confirmation about paid tax obligations in the country of parent legal entity in accordance to point 1.8. III. Special provisions 1. Opening of the non-resident account through mediator Implementation of the aforementioned procedure regarding the opening of non-resident accounts with the Bank is executed by the representative of the foreign legal person. Pursuant to the existing Law on Money Laundering Prevention, in extreme cases, the mediator can be appointed. He will conduct activities in terms of contacting persons for collecting and the submission of documentation regarding the opening of the non-resident accounts with the Bank, which is stated by the legal representative of the non-resident in his Request for the opening of the non-resident accounts by providing the full identification of the mediator included in the procedure for the account opening and submits all the requested documentation at our Bank, including the name and surname, address of residence, passport or ID card no. for such a mediator on the form of the Bank for the Request and the Questionnaire. Request is mandatory enclosed with copy of the mediator s passport if the same is non-resident, i.e. copy of ID card if the mediator is a resident and authorization of the representative regarding the legal person non-resident by which the aforementioned mediator can mediate in the procedure for account opening in our Bank, in terms of exchange of the requested documentation between items 1 and 4 of this Instruction. Photocopy of the mediator s passport or ID card must be certified by the notary or some other competent institution. Authority has to be certified and signed by the legal representative of the foreign legal person (nonresident), with remarks that certification on these documents must not be older than 30 days from the date regarding submission of request for the opening of non-resident accounts in the Bank. Such activity regarding the opening of the non-resident accounts through the mediator must be strictly coordinated with the Transaction Banking Department and Money Laundering Prevention Sub-department. 2. Re-identification of the non-resident Pursuant to the Article 11 of the Law on Money Laundering Prevention banks are instructed to conduct reidentification of the foreign legal person, at least once a year, if the foreign legal person conducts transactions through non-resident accounts. Exception from the aforementioned and international governmental organizations, diplomatic consular representative offices, international missions. Pursuant to the aforementioned it is necessary that the non-resident acquires the following documents: 1. Photocopy of documentation or abstract on foundation of the foreign legal person, i.e. documentation on registration in the register of domicile competent organ certified by the notary or other competent institutions (document from item 1.2.or 1.4., or 1.6, 2.2., 2.5., 5.2. and 5.4.). 2. Translation of the aforementioned documentation from item 1 to one of the official languages in BiH, certified and signed by the authorized interpreter or some other institution authorized for interpreting in BiH. 3. Photocopy of passport for legal representative and photocopies of passports or other personal documents for the persons authorized for use of funds on the non-resident accounts certified by the notary or other competent institution (document from item 1.7., 1.9., 2.9., 5.6.), HBInt. Group Corporate & Public Finance Silvia Jessenig page 19/37