DUE DILIGENCE CHECKLIST

Transcription

1 DUE DILIGENCE CHECKLIST Interpretation In this document:- Account Holder means the person in whose name the account will be opened and in whose favour the Bank shall process credit and/or debit transactions in respect of the account; Bank means Investec Bank (Mauritius) Limited; KYC means Know Your Client; Significant shareholders means a person or persons who directly or indirectly hold 20% or more of the capital or the voting rights of the company; Ultimate Beneficial Owner means:- 1. an Individual, Trust or Foundation who/which, directly or indirectly, ultimately owns and/or exercises control over 20% or more of the capital of the Account Holder; 2. an Individual, Trust or a Foundation who/which, directly or indirectly, owns or exercises control over 20% or more of the capital of the Account Holder; Notes If you are an Investec Group client in a jurisdiction other than the Republic of Mauritius, the Bank may rely on a Group Introducer s Certificate for purposes of KYC due diligence without the need to have sight of the due diligence documents. Documents required in terms hereof must be submitted to the Bank in their original form or as a certified copy thereof. Documents submitted to the Bank via the Online Administrator System shall be deemed to be originals. The Bank shall be entitled, at its discretion, to request further or alternative documents in addition to those required in terms hereof.

2 INDIVIDUALS / JOINT ACCOUNT HOLDERS 1. MANDATORY DOCUMENTS 1.1 Completed Account Application Form 1.2 Brief Curriculum Vitae of Individual with specific emphasis on business experience and/or employee history Note:- In addition to the documents stipulated in 1 above, the documents stipulated below in either 2 or 3 must be furnished. 2. GROUP INTRODUCER S CERTIFICATE Group Introducer s Certificate 3. COMPREHENSIVE DOCUMENTS 3.1 Clear and valid national identity card, passport or driving licence 3.2 Utility bill, bank account statement, credit card statement or any other document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) PRIVATE / UNLISTED PUBLIC COMPANIES (Local and Foreign) 1. MANDATORY DOCUMENTS 1.1 Completed Account Application Form 1.2 A Corporate Structure Diagram indicating country of registration 1.3 Business Plan including details of source of funds and projected (financial) forecasts 1.4 Latest Audited financial statement or management accounts 1.5 Nominee Declaration in instances where there is a nominee shareholder(s) 1.6 Brief Curriculum Vitae of Shareholder(s) and Ultimate Beneficial Owner(s) with specific emphasis on business experience and/or employee history 1.7 Signed Board of Directors/Partners Resolution authorising the Company/Incorporated Partnership to: Open an account with the Bank (including such online access as stipulated in the Account Application Form); Appoint the authorised signatories and specify their signing powers to transact in respect of the account, complete and sign such documents as the Bank may require in order to render the account operational.

3 1.8 Authorised Signatory Resolution (if applicable) Where the director/partner/trustee and Authorised Signatory is an Entity, the Resolution authorising the Individual to sign for and on behalf of the Entity Note:- In addition to the documents stipulated in 1 above, the documents stipulated in either 2 or 3 must be furnished. 2. GROUP INTRODUCER S CERTIFICATE Group Introducer s Certificate 3. COMPREHENSIVE DOCUMENTS 3.1 Register of directors 3.2 List of shareholders 3.3 List of ultimate beneficial owners 3.4 For companies not registered in Australia, Mauritius, South Africa or the United Kingdom:- Proof of the company s business and registered address; and Certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months. 3.5 FSC Certificate: GBL1 and GBL 2 (Mauritian companies only) 3.6 Change of name certificate (if applicable) 3.7 Where the authorised signatory is a Company, Trust or Foundation ( the Entity ), the Certificate of Incorporation, Trust Deed/Declaration of Trust or the Foundation Charter; The Resolution authorising the Individual(s) who act for and on behalf of the Entity; For the Individual who acts for and on behalf of the Entity:- Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). 3.8 For significant shareholders, where ultimate beneficial owners, directors, authorised signatories and online users: are individuals the Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) are Companies, the For companies not registered in Australia, Mauritius, South Africa or the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months; Register of directors List of shareholders List of ultimate beneficial owners

4 3.9 Where the significant shareholder and/or ultimate beneficial owner is a Trust, the The Trust Deed or Declaration of Trust Where the authorised signatories, settlor, protector, trustee or beneficiary are Individuals, the Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) For beneficiary/ies that reside with their parents (minor ) obtain a declaration or letter from the parent of minor confirming the address verification Where the settlor, protector, trustees or beneficiary are Companies, the For companies not registered in Australia, Mauritius, South Africa or the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months; FSC Certificate: GBL1 and GBL 2 (Mauritian companies only); Change of name certificate (if applicable); Register of directors; List of shareholders; List of ultimate beneficial owners For, significant shareholders and ultimate beneficial owners, the Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) Where the beneficiary is a Trust, the The Trust Deed or Declaration of Trust. In the event that the Trust is a discretionary Trust, a written undertaking by the Trustees that they will disclose the identity of the Beneficiary and such details

5 regarding the Beneficiary as may be required for KYC purposes at the time of distribution Where the significant shareholder and/or ultimate beneficial owner is a Foundation, the The Foundation Charter and Articles of the Foundation (if the latter is applicable) Certificate of registration Category 1 Global Business Licence (if applicable) Where the founder, protector, executor, administrator, beneficiaries, secretary, authorised signatories or online users are Individuals, the following documents are required:- Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) Where the founder, protector, administrator, beneficiaries, secretary are Companies, the For companies not registered in Australia, Mauritius, South Africa or the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months; FSC Certificate: GBL1 and GBL 2 (Mauritian companies only); Change of name certificate (if applicable); Register of directors; List of shareholders; and List of ultimate beneficial owners; For significant shareholders and ultimate beneficial owners, the following documents are required:- Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) Where the founder, protector, administrator, beneficiaries are Trusts or Foundations, then the Trust Deed or Declaration of Trust specifying the nature and purpose of the Trust, the name of the settlor, the trustees, and the beneficiaries or the Foundation Charter; For the settlor, protector, beneficiaries and trustee or founder (as Individuals) of the Trust or Foundation, the

6 Clear and valid national identity card, passport or valid driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to Investec Bank (Mauritius) Limited (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). For beneficiary/ies that reside with their parents (minor ) obtain a declaration or letter from the parent of minor confirming the address verification In the event that the Trust is a discretionary Trust, a written undertaking by the Trustees that they will disclose the identity of the Beneficiary and such details regarding the Beneficiary as may be required for KYC purposes at the time of distribution. LISTED COMPANIES/ SUBSIDIARY OF LISTED COMPANY 1. MANDATORY DOCUMENT 1.1 Completed Account Application Form 1.2 A Corporate Structure Diagram indicating country of registration 1.3 Business Plan including details of source of funds and projected forecast 1.4 Latest Audited financial statement or management accounts 1.5 Signed Board of Directors Resolution authorising the Company to: Open an account with the Bank (including such online access as stipulated in the Account Application Form) Appoint the authorised signatories and specifying their signing powers for purposes of transacting on the account, complete and sign such documents as the Bank may require in order to render the account operational 1.6 Authorised Signatory Resolution (if applicable) - Where the Director/Partner/Trustee/Authorised Signatory is an Entity, the Resolution authorising the Individual to act for and on behalf of the Entity Note:- In addition to the documents stipulated in 1 above, the documents stipulated in either 2 or 3 below must be furnished. 2. GROUP INTRODUCER S CERTIFICATE Group Introducer s Certificate 3. COMPREHENSIVE DOCUMENTS 3.1 The complete list of authorised signatories 3.2 For authorised signatories and online users:

7 Clear and valid national identity card, passport or driving licence Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). TRUSTS 1. MANDATORY DOCUMENT 1.1 Completed Account Application Form 1.2 A Corporate Structure Diagram indicating country of registration 1.3 Business Plan including details of source of funds and projected forecast 1.4 Brief Curriculum Vitae of Settlor(s) with specific emphasis on business experience and/or employee history 1.5 Nominee Declaration for structures where there is a nominee shareholder(s) 1.6 A written undertaking by the Trustees that they will disclose the identity of the Beneficiary and such details regarding the Beneficiary as may be required for Know Your Client ( KYC ) purposes at the time of distribution. (For Discretionary Trusts only) 1.7 Signed Trustee s Resolution authorizing the Trust to: Open an account with the Bank Appoint the authorised signatories and specify their signing powers in respect of transacting on the account, complete and sign such documents as the Bank may require in order to render the account operational 1.8 Authorised Signatory Resolution (if applicable) - Where the Director/Partner/Trustee/Authorised Signatory is an Entity, the Resolution authorising the Individual who acts for and on behalf of the Entity Note:- In addition to the documents stipulated in 1 above, the documents stipulated in either 2 or 3 must be furnished. 2. GROUP INTRODUCER S CERTIFICATE Group Introducer s Certificate 3. COMPREHENSIVE DOCUMENTS 3.1 The Trust Deed or Declaration of Trust In the event that the client is unwilling to furnish the Bank with the Trust Deed or Declaration of Trust, we will accept an extract from the aforementioned documents specifying: The nature and purpose of the Trust The name of the settlor / protector

8 3.1.4 The trustees The beneficiaries 3.2 Where the Authorised Signatories, Online users, Settlor, Protector, Trustee or ultimate beneficial owners are Individuals, the Clear and valid national identity card, passport or driving licence Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). For beneficiary/ies that reside with their parents (minor) obtain a declaration or letter from the parent of minor confirming the address verification. 3.3 Where the Settlor, Protector, Trustees or beneficiaries are Companies, the following documents are required: For companies not registered in Australia, Mauritius, South Africa or the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months; FSC Certificate: GBL1 and GBL 2 (Mauritian companies only) Change of name certificate (if applicable) Register of Directors List of Shareholders List of ultimate beneficial owners For, significant shareholders and ultimate beneficial owners who are individuals or Trusts, the Clear and valid national identity card, passport or driving licence Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). 3.4 Where the Authorised Signatory is a Company, Trust or Foundation ( the Entity ), the Certificate of incorporation, Trust Deed/Declaration of Trust or the Foundation Charter; The Resolution authorizing the individual who acts for and on behalf of the Entity; For the Individual who acts for and behalf of the Entity:- Clear and valid national identity card, passport or driving licence

9 Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address) 3.5 Where the Settlor or Beneficiaries are Trusts or Foundations, then the following documents are required: Trust Deed or Declaration of Trust specifying the nature and purpose of the Trust, the name of the Settlor, the Trustees, and the Beneficiaries or the Foundation Charter For the Settlor, Protector, Beneficiaries and Trustee (as Individuals) of the Trust, the Clear and valid national identity card, passport or driving licence Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). For beneficiary/ies that reside with their parents (minor ) obtain a declaration or letter from the parent of minor confirming the address verification. PARTNERSHIPS / ASSOCIATIONS 1. MANDATORY DOCUMENT 1.1 Completed Account Application Form 1.2 A Corporate Structure Diagram indicating country of registration 1.3 Business Plan including details of source of funds and projected forecast 1.4 Latest Audited financial statement or management accounts. If no audited Financial Statements, then correspondence from the Partners confirming solvency. 1.5 Brief Curriculum Vitae of Partners(s) with specific emphasis on business experience and/or employee history 1.6 Signed Board of Directors/Partners Resolution authorising the Company/Incorporated Partnership to: Open an account with the Bank (including such online access as stipulated in the Account Application Form); Appoint the authorised signatories and specify their signing powers in respect of transacting on the account, complete and sign such documents as the Bank may require in order to render the account operational.

10 1.7 Authorised Signatory Resolution (if applicable)- Where the Director/Partner/Trustee/Authorised Signatory is an Entity, the Resolution authorising the Individual to act for and on behalf of the Entity. Note:- In addition to the documents stipulated in 1 above, the documents stipulated in either 2 or 3 below must be furnished. 2. GROUP INTRODUCER S CERTIFICATE Group Introducer s Certificate 3. COMPREHENSIVE DOCUMENTS 3.1 Partnership Agreement 3.2 Written declaration by or on behalf of the Partnership/Association specifying the identity of the Individual who are the ultimate beneficial owners (Individual or Trust)/ultimate beneficiaries, as the case may be, of the partnerships/ Association 3.3 For Partners (who own and control more than 20%), Authorised Signatories and any individual with authority to act on behalf of the partnership, the following documents are required:- Clear and valid national identity card, passport or driving licence Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). 3.4 For Partners (which own or control more than 20%), which are Companies, the following documents are required: For companies not registered in Australia, Mauritius, South Africa or the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months FSC Certificate: GBL1 and GBL 2 (Mauritian companies only) Change of name certificate (if applicable) Register of Directors List of Shareholders List of ultimate beneficial owners.for significant shareholders and ultimate beneficial owners who are individuals, the following documents are required:- Clear and valid national identity card, passport or driving licence Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address).

11 3.5 For Partners (which own or control more than 20%), which are Trusts, the following documents are required: The Trust Deed or Declaration of Trust. In the event that the client is unwilling to furnish the Bank with the Trust Deed or Declaration of Trust, we will accept an extract from the aforementioned documents specifying: The nature and purpose of the Trust The name of the settlor /Protector The trustees The beneficiaries Where the authorised signatories, settlor, protector, trustee or beneficiary (Individual or Trust) are Individuals, the Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the Individual s residential address (not a Post Office Box address). For beneficiary/ies that reside with their parents (minor) obtain a declaration or letter from the parent of minor confirming the address verification Where the settlor, protector, trustees or beneficiary (Individual or Trust) are Companies, the For companies not registered in Australia, Mauritius, South Africa for the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months; FSC Certificate: GBL1 and GBL 2 (Mauritian companies only) Change of name certificate (if applicable Register of directors List of shareholders List of ultimate beneficial owners (Individual or Trust) FOUNDATIONS 1. MANDATORY DOCUMENT 1.1 Completed Account Application Form 1.2 A Corporate Structure Diagram indicating country of registration 1.3 Business Plan including details of source of funds and projected forecast

12 1.4 Latest Audited financial statement or management accounts 1.5 Brief Curriculum Vitae of Founder(s) with specific emphasis on business experience and/or employee history 1.6 A written undertaking by the Council that they will disclose the identity of the Beneficiary and such details regarding the Beneficiary as may be required for KYC purposes at the time of distribution. 1.7 Signed Council s Resolution authorising the Account Holder to: Open an account with the Bank Appoint the authorised signatories and specifying their signing powers to transact in respect of the account, complete and sign such documents as the Bank may require in order to render the account operational 1.8 Authorised Signatory Resolution (if applicable) - Where the Authorised Signatory is an Entity, the Resolution authorising the Individual to act for and on behalf of the Entity Note:- In addition to the document stipulated in 1 above, the documents stipulated in either 2 or 3 must be furnished. 2. GROUP INTRODUCER S CERTIFICATE Group introducer s Certificate 3 COMPREHENSIVE DOCUMENTS 3.1 The Foundation Charter and Articles of the Foundation (if the latter is applicable) 3.2 Certificate of registration 3.3 Category 1 Global Business Licence (if applicable) 3.4 Where the founder, protector, executor, administrator, beneficiaries, secretary, authorised signatories or online users are Individuals, the following documents are required:- Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). 3.5 Where the founder, protector, administrator, beneficiaries and secretary are Companies, the For companies not registered in Australia, Mauritius, South Africa or the United Kingdom, certificate of incorporation and certificate of good standing from the registrar of companies if the company has been registered for more than 6 months; FSC Certificate: GBL1 and GBL 2 (Mauritian companies only); Change of name certificate (if applicable); Register of directors;

13 3.5.5 List of shareholders; and List of ultimate beneficial owners (individual or Trust); For significant shareholders and ultimate beneficial owners (individual or Trust), the Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). 3.6 Where the authorised signatory is a Company, Trust or Foundation ( the Entity ), the Certificate of Incorporation, Trust Deed/Declaration of Trust or the Foundation Charter; The Resolution authorizing the Individual to acts for and on behalf of the Entity; For the Individual who is authorized to act for and on behalf of the Entity:- Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). 3.7 Where the founder, protector, administrator, beneficiaries are Trusts or Foundations, then the Trust Deed or Declaration of Trust specifying the nature and purpose of the Trust, the name of the settlor, the trustees, and the beneficiaries or the Foundation Charter; For the settlor, protector, beneficiaries and trustee or founder (as Individuals) of the Trust or Foundation, the Clear and valid national identity card, passport or driving licence; and Utility bill, bank account statement or credit card statement or any other certified document acceptable to the Bank (less than 6 months old) reflecting the individual s residential address (not a Post Office Box address). For beneficiary/ies that reside with their parents (minor ) obtain a declaration or letter from the parent of minor confirming the address verification.