Requirements set for account holders and representatives of emissions trading accounts

Transcription

1 Record no. 954/302/ February 2015 Requirements set for account holders and representatives of emissions trading accounts These requirements are based on the Commission s Registry Regulation 1. The requirements set for each request can be found in the following pages of this document in the sections indicated in the table below. Sections other than those referred to do not apply to the request in question. TYPE OF REQUEST REQUEST S RELATING TO REQUEST Opening of an account Opening of an operator holding account sections A, B and C Opening of an aircraft operator holding account sections A, B and C Changes in account representatives Updating of account information Transfer of an account to a new holder Opening of a person holding account Opening of a person holding account in the national KP register 2 Opening of a trading account 3 Opening of a verifier account Addition of an authorised representative 4, additional authorised representative 5 or auditor 6 Removal of an authorised representative, additional authorised representative or auditor Updates to an account holder s or a representative s contact details Transfer of an operator holding account to a new operator sections A, B, C and D sections A, B, C and D sections A, B, C and D sections A, B, C and E sections A, B and C sections A and B sections A and B sections A, B and C 1 European Commission Regulation (EU) No 389/ The account is opened in the national register which complies with the Kyoto Protocol. EU emission allowances cannot be stored on the account; only Kyoto units (CER, ERU, AAU, RMU) can. The account is needed when, for example, a party requesting the opening of the account participates in a CDM project and directly receives CER units from the CDM register. 3 Transfers from the trading account can be made without the 26-hour delay if the target account is on the list of trusted accounts. When additional authorised representative is appointed to the account, transfers from the account can also be made to an account which is not on the list of trusted accounts; in that case, there is a 26-hour delay in the transfers. 4 An authorised representative has the right to initiate transactions and processes relating to the holding account, such as account transfers, on behalf of the account holder. 5 An additional authorised representative has the right to approve the account transfers initiated by the authorised representative on behalf of the account holder. 6 An auditor has only the right to view the account.

2 2 (9) A. GENERAL S SET FOR DOCUMENTS TO BE SUBMITTED Documents must be certified and in certain circumstances legalised Documents must be submitted in Finnish, Swedish or English Method of submitting documents All copies of documents submitted as proof must be certified as authentic by a notary public. In Finland, the duties of a notary public are performed by a local register office. A copy of a document issued in a country other than Finland must be legalised. Further instructions can be found from the Energy Authority s website. Each document submitted must be in Finnish, Swedish or English. Documents in other languages must be submitted accompanied by an authorised translation into Finnish, Swedish or English made by a public authority or an authorised translator. For further information about authorised translators, please visit The Energy Authority may, where necessary, require the account holder to submit the document in Finnish or Swedish. By post or by bringing in person to Energy Authority Lintulahdenkuja 4 FI Helsinki Finland If the documents are submitted in person, the person bringing them is requested to arrange in advance a time with one of the personnel responsible for handling issues relating to the Emissions Trading Registry (e.g. by rekisteri@energiavirasto.fi). By fax ( ) or as a scanned copy by (rekisteri@energiavirasto.fi). These methods can be used, but it should be noted that they may pose the following problems: - documents sent by fax are sometimes so blurry that they are not properly readable and it is necessary to request that they be sent again - data security in is weaker, i.e. the possibility of a third party obtaining access to the documents increases when using . Currentness of documents Each document to be submitted must have been issued not more than three (3) months earlier, unless otherwise stated in the requirement. Personal identification (ID card or passport), of which a copy is delivered, must be valid when the copy is delivered to the authority. The certification of the copy of an ID card or a passport must take place less than three months prior to the moment when the request for action becomes pending. Such a copy (certified as authentic) delivered to the authority is approved upon new requests for action until the ID card or passport expires.

3 3 (9) B. S RELATING TO REQUEST Request A request may be made: From the Registry or By using a Request Form Account holder s authorisation of request Verification of signatories authorisation to sign for the account holder If the request has been made: From the Registry - the account holder must also submit separately an authorisation of the request signed by the account holder ( - if the request concerns an update to account details (e.g. change to contact details), a separate account holder's authorisation does not need to be submitted By using a Request Form - the account holder does not need to submit a separate account holder s authorisation, as authorisation is sufficiently expressed by using the form The Energy Authority will check the information from the Finnish Business Information System. As a rule, an account holder submitting a request does not need to submit a separate document. If the information cannot be found in the Finnish Business Information System, the Energy Authority will send the account holder a separate request to submit copies of the following documents: If the account holder is a company: - A Trade Register extract or instrument establishing the organisation If the account holder is a municipality or other public body - the rules of procedure of the municipal council, administrative regulations or charter of the joint municipal authority or other corresponding document in force, and - If the document referred to above does not mention the persons authorised to sign for the organisation by name, a valid document indicating that the signatory is authorised to sign for the organisation must also be submitted, for example: o o inspected minutes of a meeting of the municipal board or other municipal organ inspected minutes of a joint authority meeting or of some other organ exercising power of decision appointed in the charter of the joint municipal authority

4 4 (9) C. S SET FOR AUTHORISED REPRESENTATIVES, ADDITIONAL AUTHORISED REPRESENTATIVES AND AUDITORS Proof of identity and legal age of majority of the person nominated as a representative The account holder must submit for the person nominated a copy of one of the following: - An identity card issued by a European Economic Area (EEA) Member State or a member country of the Organisation for Economic Cooperation and Development (OECD); or - a passport Proof of the address of the permanent place of residence of the person nominated as a representative At least one of the appointed authorised representatives for a voluntary holding account must reside in Finland. It is not required that one of the authorised representatives of an operator holding account, aircraft operator holding account or verifier account should reside in Finland. The Energy Authority will check the place of residence data of the person nominated in the Finnish Population Information System. As rule, the account holder does not need to submit a separate document. If the information cannot be found in the Finnish Population Information System, the Energy Authority will send the account holder a separate request to submit a copy of one of the following: - An identity card submitted as specified in the section above if it specifies the address of the person's permanent place of residence. - Any other identity document issued by a public authority if it specifies the address of the person's permanent place of residence. - If the country of permanent residence does not issue identity certificates that specify the address of the person's permanent residence, a certificate issued by a local authority specifying the address of the person's permanent residence will be accepted; or - An electricity invoice, a gas invoice, a water invoice or other corresponding document that specifies the address of the person's permanent place of residence. The location of use shall be visible on the document. The criminal record data of the person nominated as a representative required The Energy Authority can refuse to approve an authorised representative or additional authorised representative if the potential authorised representative is under investigation for or has been convicted of being involved in fraud involving emission allowances or Kyoto units, money laundering, terrorist financing or other serious crimes to which the account may be an instrument. Minimum number of authorised representatives for a holding account Persons residing in Finland: The Energy Authority will request the information from the Finnish Legal Register Centre. The account holder does not need to submit any documents to the Energy Authority. Persons residing outside Finland: The account holder must submit the criminal record data on a person residing outside Finland from the country of residence of the person in question. The mandatory minimum number of authorised representatives for a verifier account is one (1) per account. The mandatory minimum number of authorised representatives for all other accounts is two (2) per account.

5 5 (9) D. S SET FOR AN ACCOUNT HOLDER OF A PERSON HOLDING ACCOUNT AND A TRADING ACCOUNT IF THE PARTY OPENING THE ACCOUNT IS AN ORGANISATION: Proof that an organisation requesting the opening of an account has an open bank account in a European Economic Area Member State An aircraft operator can submit proof of an open bank account from a country other than a European Economic Area Member State. An organisation requesting the opening of an account must submit a statement of the open bank account signed by the bank. The statement must contain the following information: name of the bank, name of the account owner, date and signature of the bank's representative. The instrument of establishment for an organisation requesting the opening of an account and proof of the organisation's registration and managers An account may be opened only for an organisation registered in Finland. The Energy Authority will check the information from the Finnish Business Information System. As a rule, an organisation requesting the opening of an account does not need to submit separate documents. If the information cannot be found in the Finnish Business Information System, the Energy Authority will send the organisation requesting the opening of an account a separate request to submit a copy of the following documents: - The instrument establishing the organisation and - Proof of the organisation's registration, e.g. a Trade Register extract, in Finland. If information on the organisation s managers is not clear from the instrument establishing the organisation or in the Trade Register extract, the account holder must submit some other certificate issued by a public authority on the persons who, in practice, manage the day-to-day operations of the organisation. - The municipality must submit a document which gives provisions on the various municipal authorities, on their operations and on the division of authority and functions. Information on the managers may be available in the rules of procedure of the municipal council, administrative regulations or charter of the joint municipal authority or other corresponding document in force. In addition, if the document pursuant to this section does not mention the persons managing the municipality s day-to-day operations by name, a valid decision, verified minutes or other document specifying the person assigned to the task must be submitted. In practice, this means, e.g., the head of a municipal enterprise.

6 6 (9) The criminal record data of managers of an organisation requesting the opening of an account referred to in the section above The Energy Authority can refuse to open an account if one of the managers of the potential account holder has been under investigation for or has been convicted of being involved in fraud involving emission allowances or Kyoto units, money laundering, terrorist financing or other serious crimes to which the account may be an instrument. Persons residing in Finland: The Energy Authority will request the information directly from the Finnish Legal Register Centre. An organisation requesting the opening of an account does not need to submit any documents to the Energy Authority. Persons residing outside Finland: An organisation requesting the opening of an account must submit the criminal record data on a person residing outside Finland from the country of residence of the person in question. Information regarding the beneficial owner of the organisation requesting the opening of the account, including the type of ownership or authority, as defined by Directive 2005/60/EC and the Act on Detecting and Preventing Money Laundering and Terrorist Financing (503/2008). A limited company whose securities are not subject to public trading must submit a valid list of shareholders. A limited company whose securities are subject to public trading as referred in the Securities Market Act (495/1989) or to corresponding trading in another EEA State does not need to submit the information in question. Other organisations must submit a valid document of ownership, membership, articles of association, deed of partnership or other comparable regulation or agreement unless the beneficial owners are clear from the documents pursuant to the sections above. The beneficial owner is a natural person who exercises control over a legal person. A natural person is deemed to exercise control over a legal person when the natural person: 1) holds more than 25% of the voting rights attached to the shares or units and these voting rights are based on ownership, membership, the articles of association, the partnership agreement or corresponding rules or some other agreement; or 2) has the right to appoint or dismiss the majority of members of the board of directors of a company or corporation or of a corresponding body or a body which has the similar right, and this right is based on the same facts as the voting rights under paragraph 1. A certificate issued by a public authority on inclusion in the VAT Register of an organisation requesting the opening of an account Organisations registered in Finland: The Energy Authority will check the information from the Finnish Business Information System. An organisation registered in Finland does not need to submit a separate document. Organisations registered outside Finland: An organisation registered outside Finland must submit the corresponding information from the state in which it is registered.

7 7 (9) The financial statements of the organisation requesting the opening of an account The Energy Authority will check the information from the Finnish Business Information System. As a rule, an organisation requesting the opening of an account does not need to submit separate documents. If the information cannot be found in the Finnish Business Information System, the Energy Authority will send the organisation requesting the opening of an account a separate request to submit a copy of the most recent annual report or audited annual accounts or, if the organisation is not legally obliged to audit its accounts, a copy of the annual accounts certified by the tax office or CEO. Proof of the registered address of an organisation requesting the opening of an account If the organisation s registered address is not clear from the documents pursuant to the sections above, the organisation requesting the opening of an account must submit some other document containing the information.

8 8 (9) IF THE PARTY OPENING THE ACCOUNT IS A PRIVATE PERSON: Proof that a private person requesting the opening of an account has an open bank account in a European Economic Area Member State An aircraft operator can submit proof of an open bank account from a country other than a European Economic Area Member State. Proof of the identity of a private person requesting the opening of an account A private person requesting the opening of an account must submit a statement of the open bank account signed by the bank. The statement must contain the following information: name of the bank, name of the account owner, date and signature of the bank's representative. A private person requesting the opening of an account must provide a copy of one of the following: - An identity card issued by a European Economic Area (EEA) member state or a member country of the Organisation for Economic Cooperation and Development (OECD); or - a passport Proof of the address of the permanent place of residence of a private person requesting the opening of an account An account may be opened only for a private person permanently residing in Finland. The person s citizenship makes no difference, the deciding factor is their permanent place of residence. The Energy Authority will check the information from the Finnish Population Information System. As a rule, a private person requesting an account to be opened does not need to submit a separate document. If the information cannot be found in the Finnish Population Information System, the Energy Authority will send the private person requesting the opening of an account a separate request to submit a copy of one of the following: The criminal record data of the private person requesting the opening of an account The Energy Authority can refuse to open an account if the potential account holder has been under investigation for or has been convicted of being involved in fraud involving emission allowances or Kyoto units, money laundering, terrorist financing or other serious crimes to which the account may be an instrument. - An identity card submitted as specified in the section above if it specifies the address of the person's permanent place of residence. - Any other identity document issued by a public authority if it specifies the address of the person's permanent place of residence. - If the country of permanent residence does not issue identity certificates that specify the address of the person's permanent residence, a certificate issued by a local authority specifying the address of the person's permanent residence will be accepted; or - An electricity invoice, gas invoice, water invoice or other corresponding document that specifies the address of the person's permanent place of residence. The location of use shall be visible on the document. Persons residing in Finland: The Energy Authority will request the information directly from the Finnish Legal Register Centre. A private person residing in Finland does not need to submit any documents to the Energy Authority. Persons residing outside Finland: A person residing outside Finland must submit the criminal record data from their country of residence.

9 9 (9) E. S SET FOR AN ACCOUNT HOLDER FOR A VERIFIER ACCOUNT Proof that a person requesting the opening of an account has been accredited as a verifier pursuant to Article 15 of Directive 2003/87/EC. The Energy Authority will request the information directly from the authority who has approved the verifier. The verifier requesting the opening of an account does not need to submit any proof of accreditation to the Energy Authority.