Trust Account Application Form and Mandate (for use by corporate trustees)

Transcription

1 Trust Account Application Form and Mandate (for use by corporate trustees) Page 1 of 18

2 Trust Account Application Form and Mandate Introduction Anti-money laundering regulations require us to obtain satisfactory verification of identity (identity being name, permanent residential address, date of birth, place of birth and nationality). In relation to trusts this includes the trustee and the settlor(s) and beneficiaries. These are designed to ensure that we have a full understanding of the control of the trust, the nature of its activities and the purpose for which the bank account is required. It is therefore essential that for all applications we are provided with the following documentation/information as a minimum. In respect of the Corporate Trustee Original or certified copy Certificate of Incorporation plus English translation if appropriate. Copy of latest annual report and accounts (where available). Original or certified copy of Memorandum and Articles of Association (or equivalent) plus English translation if appropriate. If the company was incorporated over 6 months prior to the date of the application, a certificate of good standing or equivalent. Original or certified copy of Register of Directors / Shareholders. Original or certified copy of Trust Deed, if company is owned by a trust. List of directors and authorised signatories of the company (Part B) Details of shareholder(s) and ultimate beneficial owners (Part C or Part D - as applicable) In respect of the Trust Certified copies of extracts from the trust deed evidencing: The parties to the Trust The date of the Trust The ability of the Trust to establish and maintain a bank account Identity of the beneficiary(ies) Identity of the settlor(s) Identity of the Protector (if any) Details of the Settlor(s) / Protector (Part F) Details of Beneficiaries (Part G) Trust Minute (Part H) FATCA Certification (Appendix 1) In respect of each party to the account (i.e. the natural persons who operate the account and those who ultimately own or control 25% or more of the shares or voting rights, and those with less than 25% of the shares or voting rights but nevertheless hold a controlling interest, including Settlor / Protector of Trust, if applicable) a legible, valid certified copy document from List A (do not attach originals) showing at least a specimen signature and a clear photograph of the individual and the passport or document number. Each party should also sign their identity document if it does not contain a specimen signature. an original, or certified copy, of a document from List B, which must show the name and permanent address and must not be more than six months old. List A (identity) Current full Passport Government issued identity card Armed Forces ID card A full UK, Channel Island or Isle of Man Driving Licence provided it is not also supplied as evidence of evidence of address under list B List B (residential address confirmation) Utility bill; (e.g. electricity, rates etc. but not a mobile telephone bill) A Bank, Building Society or Credit Card statement from a recognised financial institution (excluding store cards) A valid full Driving Licence, provided it is not also supplied as evidence of identity under list A NOTE To be acceptable the certified copy document must be legible and include a statement along the lines of certified as a true copy of the original and in addition, for photographic documentation the photograph bears a true likeness to (enter name of applicant). This statement must be signed and dated by the person certifying. The following people can certify documents; a Lawyer or Notary Public (who is a member of a recognised professional body) an Actuary or Accountant (who is a member of a recognised professional body) a member of the Judiciary a Senior Civil Servant or a serving Police or Customs Officer a Director, Manager or Company Secretary of a bank or regulated financial services business The certifier should by means of stamp or otherwise state their name, profession, address and contact details. Documents that are not certified in accordance with these criteria are not acceptable. On an ongoing basis if there is a material change to the trust or its activities it is important that the Bank is kept informed. If you have any questions whilst you are completing the application form, please feel free to call one of the team so that we can talk you through any issues and assist in progressing your application. We reserve the right to decline applications or seek additional information to reach a position where we are able to approve the opening of an account. Page 2 of 18

3 PART A To help us process your application as quickly as possible please complete the application in full. Please write in BLOCK CAPITALS. Trustee Details of company (the Company ) Reg Number Registered office Date and place of incorporation Registered Office Address Correspondence Address Contact name Contact fax Contact telephone address Code word (to be used for identification purposes) Exchange on which the company is listed (if applicable) of regulator (if company is regulated) Can the company issue bearer shares? Yes No Are any shares issued in bearer form? Yes No Auditors name and address Source of Introduction - Please tick the appropriate box: Existing client of Standard Bank Independent Financial Advisor please provide details please specify Standard Bank branch recommendation Personal recommendation from family or friend please specify Internet website Other please specify Page 3 of 18

4 PART B Directors/Authorised Signatories of the Trustee (If there is insufficient space on this page please provide this information on a separate sheet of paper) Position Director Authorised Signatory Signature Position Director Authorised Signatory Signature Position Director Authorised Signatory Signature Position Director Authorised Signatory Signature Page 4 of 18

5 PART C Details of Personal Shareholder(s) of the Trustee (If there is insufficient space on this page please provide this information on a separate sheet of paper) Ownership Percentage Ownership Percentage Ownership Percentage Ownership Percentage Page 5 of 18

6 PART D Details of Corporate Shareholders of the Trustee including any Nominee Companies (if applicable) (If there is insufficient space on this page please provide this information on a separate sheet of paper) Company name Registered address Reg No. Date of incorporation Ownership percentage Place of incorporation Details of Corporate Shareholders of the Trustee including any Nominee Companies (if applicable) continued Second Company name Registered address Reg No. Date of incorporation Ownership percentage Place of incorporation Ultimate Beneficial Owner(s) of the Trustee (If there is insufficient space below please continue on a separate sheet) Ownership Percentage Ownership Percentage Page 6 of 18

7 PART E Trust Details of trust (the Trust ) of Trustee(s) Domicile of Trust Date of creation of Trust Is the Trust a discretionary trust? Yes No Correspondence Address Contact name Contact fax Contact telephone address Code word (to be used for identification purposes) Account Details Please indicate what currencies are required Strata Account - Currency Pounds Sterling U.S. Dollars Euro Additional accounts may be opened at a later date on request by the trustee(s), usually without the need for additional documentation. Call Account please specify currency Please detail below any specific account designations required For IFA clients only Account type IFA PRDA Optimum Currency required Page 7 of 18

8 PART F Settlors/Protectors of the Trust (If there is insufficient space on this page please provide this information on a separate sheet of paper) Position Settlor Protector Position Settlor Protector Position Settlor Protector Position Settlor Protector Page 8 of 18

9 PART G Details of Beneficiaries (If there is insufficient space on this page please provide this information on a separate sheet of paper) Discretionary Trust Details should be provided of all parties who are expected to benefit in the next 12 months. If other parties are to benefit from the trust assets, details should be provided to the Bank before a distribution is made. Non-Discretionary Trust Details should be provided of all named beneficiaries. Page 9 of 18

10 PART H Trust minute At a meeting of the trustees of: ( the Trust ) held on It was resolved that (1) An account/ account(s) be opened/ continued in the name of the Trust with Standard Bank Isle of Man Limited or Standard Bank Jersey Limited ( the Bank ) (Please delete as appropriate). (2) The Bank be and is hereby authorised: (a) to honour any cheque(s) or order(s) drawn on the account(s) and to act on any instruction(s) relating to the account(s) whether such account(s) is/ are in credit, overdrawn or become(s) overdrawn in consequence of such payment(s) or instruction(s) and to act on instructions with regard to the purchase, sale, delivery or disposal of securities or transact foreign exchange and to arrange facilities with the Bank relating to the Trust account(s); (b) to accept indemnities given by the Trust; (c) to treat any written instruction, agreement or undertaking of any nature as binding on the Trust. WHEN SIGNED BY * * Insert for example: any two authorised signatories or In accordance with the authorised signatory list of... as may be in force from time to time or otherwise as may be required. (3) ( Instruction/s ) in respect of any instruction which the Bank would normally accept if the instruction were presented in an original written format in accordance with the terms of the mandate. In complying with this request and authorisation the Trustee(s) acknowledge(s) and agree(s) that: a) The Bank may, but is not obliged, to act on any Instruction that claims to come from the Trustee(s); b) It is not possible for the Bank to check the authenticity of all facsimile transmissions or scans that claim to come from the Trustee(s); c) All facsimile transmissions, scans, mandates, consents, commitments, resolutions, minutes of meetings and any other documents, which claim to come from the Trustee(s) (claimed Instructions) will be treated as having been given by the Trustee(s) in the form actually received by the Bank. The claimed Instructions may, as a result of the malfunction of equipment, the distortion of communication links and the like, be different to that intended or sent - and the Trustee(s) will be bound by them; d) The Bank will not be liable for any loss (consequential or otherwise) incurred by the Trustee(s) as a result of the Bank acting or declining to act (wholly or in part) on Instructions which the Bank believes to have been given in conformity with the above, whether or not such Instructions have been so given. The fact that any Instruction may later be shown to be in any way false, incomplete, inaccurate, delayed, erroneous, unauthorised or otherwise not authentic, should not be an impediment to the rights of the Bank hereunder. This does not exclude losses arising from the proven unlawful or fraudulent acts of the Bank s employees; e) No scan can be considered received by the Bank until the Trustee(s) have/ has either received a reply or read receipt from the Bank; f) The Bank may, notwithstanding this release and indemnity, require that any Instruction given by the Trustee(s) be given in accordance with the signing arrangements of the account(s), and the Bank may at its discretion request written or any other form of confirmation of any Instruction; g) The Trustee(s) will carry out and keep to any procedures or restrictions or both, imposed on the Trustee(s) by the Bank about the sending of facsimile transmissions or scans to the Bank; h) This release and indemnity will not be affected by any failure by the Bank to impose any or sufficient procedures or restrictions or to ensure that any, or all of them are complied with; and i) The Bank may at any time on written notice sent to the Trustee(s) withdraw from these arrangements regarding accepting Instructions. Should there be any conflict between this indemnity and the Bank s General Terms and Conditions the provisions of this indemnity shall have precedence. The Bank be indemnified against any claims, demands or actions made against the Bank or any loss or liability or expense incurred by the Bank as a result of the Bank acting or declining to act on any Instruction. The Trustee(s) waives any rights the Trustee(s) may have now or in the future against the Bank for direct or indirect losses or damages the Trustee(s) may suffer because the Bank acted on any Instructions. (4) The Bank be furnished with certified copies of any Special Resolutions or other documents amending the Trust Deed or other instrument. (5) The Bank be notified of any change in the persons for the time being the Trustees of the Trust. (6) The Bank be notified of any proposed change to related parties of the Trust (e.g. protector). (7) This minute be communicated to the Bank and shall remain in force, until an amending minute shall be passed and a copy certified by the Trustees, shall have been received by the Bank. (8) In addition to any right of set off or similar right to which the Bank as bankers or otherwise may be entitled in law, the Bank may at any time and without notice to the Trust combine or consolidate any account whether such account is due for payment or otherwise against all or any of the Trust s liabilities under any other account whether due for payment or otherwise and whether in Sterling or in any other currency and whether actual or contingent; (9) Until all liabilities, whether actual or contingent, owing by the Trust to the Bank have been paid or satisfied in full the Bank shall have a lien on all of the Trust s property and assets from time to time in the possession of the Bank, its agents or nominees including all stocks, shares and securities from time to time registered in the name of the Bank, its agents or nominees, whether the same be held for safe custody or otherwise. If such liabilities are not paid or satisfied when due the Bank may realise and sell the whole or any part of such property and assets and apply the proceeds of sale in or towards reduction of such liabilities; (10) The Bank may make any enquiries it deems necessary in order to verify the information contained in this application. (11) The Trustees agree to be bound by this mandate, the Bank s Trust Account General Terms and Conditions and any product specific terms and conditions, in force from time to time. (12) This minute and the authorities hereby conferred shall be governed by and construed according to the laws of the jurisdiction in which the office of the Bank is registered. Page 10 of 18

11 PART H Trust minute (continued) We hereby certify that the foregoing minute has been duly entered in the minute book/ records of the Trust and that such minute complies with the Trust Deed. The Bank is requested to act as Banker to the Trust in accordance with the information contained in this application and this minute (which is deemed to form part of this Mandate) and the Bank s General Terms and Conditions - Trust Account and Specific Terms & Conditions - Corporate & Business Banking as set out on the Bank s website ( which the trustees acknowledge having read. For and on behalf of the Trustees of Authorised Signatory Authorised Signatory Date Date Page 11 of 18

12 PART I Trust Background Information (If there is insufficient space please provide this information on a separate sheet of paper) Trust Structure. Is there more than one level of ownership and / or control Yes No If yes please provide a structure chart showing the ultimate controllers and/or influencers. Depending on the client risk rating determined by the Bank we may need to have sight of certified copy documentation to evidence the existence of some or all of the named entities or individuals. Rationale for using an Offshore holding structure - tick more than 1 if applicable Estate or succession planning Asset holding vehicle (to prevent legal risk accruing to settlor/beneficiary) Asset protection (to ringfence specific assets) Confidentiality / privacy (personal security of settlor/beneficiary, Political and / or economic instability) Business holding structure Consolidation of wealth Charitable purpose Asset holding vehicle for Fiscal optimisation* *Please give details and advise if professional advice taken (and who provided this).ordinarily the Bank will not require sight of the advice. Other (please specify) Rationale for maintaining offshore account (with Standard Bank) - tick more than 1 if applicable Entity administered/based in an Offshore jurisdiction Existing client of Standard Bank Group Political/fiscal stability Assets freely transferrable Other (please specify) Page 12 of 18

13 PART I Trust Background Information (continued) Source of wealth 1 What is the estimated overall value of the trust 2 How was the above wealth generated? Family Inheritance Please complete section 3 below Business Activity Please complete section 4 below Other If other (please specify) 3 If Family Inheritance State the name of the person / persons from whom the wealth inherited was originally generated and the name of any other relevant persons if there has been a line of succession. State the activity undertaken by the above named persons and the business names under which the said activity has been carried on. If there is information in the public domain on the above named person(s) please provide links or web-site references in order that the Bank can validate this information. (If there is insufficient space please provide this information on a separate sheet of paper) 4 If Business Activity State the activity or activities undertaken and provide the business names under which the said activity has been carried on. If the settlor(s) has / have been employed and has / have generated the wealth underpinning the structure via earnings state the name of the organisation / company / companies who have employed the said person(s) and the positions in which they have been employed (a copy of the current cv should be supplied if held). If there is information in the public domain on the above named person(s) pertaining to their employment and / or positions held please provide links or web-site references in order that the Bank can validate this information. Page 13 of 18

14 PART I Trust Background Information (continued) (If there is insufficient space please provide this information on a separate sheet of paper) Principal activities. (to include details of services / products and to whom these are provided) This should fully detail the nature of the Trust s specific activities or the activities of any entities owned by the Trust and from which funds will be received. It is insufficient to state consultancy, trading etc. The Bank is required to understand exactly what services/products the trust or any associated company is providing and to whom. A link should be provided to the relevant websites (if applicable) and copies of marketing material, business plan etc supplied. For trusts deriving revenues from trading activity either directly or indirectly please detail below any clients with whom it is anticipated more than 10% of business will be conducted (please continue on a separate sheet if necessary): Percentage of business For trusts holding investments either directly or indirectly please summarise assets below: Nature of asset Details Value Details will depend upon the nature of assets, e.g. property should state type of property and location, investment portfolio should include details of investment manager etc Geographical location of business interests and / or assets. This should detail all countries in which any company in which the trust has a significant interest (more than 25%) operates or transacts and ideally an indication of the approximate spread of business. This will enable the Bank to identify if there is Standard Bank Group assistance which can be provided and also to understand if there are higher risk jurisdictions involved which may require additional controls/oversight on the part of the Bank. If the Trust has a significant interest (more than 25%) in any trading companies please detail below any jurisdictions where it is anticipated more than 10% of business will be conducted (please continue on a separate sheet if necessary): Country/Region Percentage of business Page 14 of 18

15 PART J Account Activity Details (If there is insufficient space please provide this information on a separate sheet of paper) Purpose of the account(s) Under Principal Activities the Bank will have been provided with the nature of the trust s activities. This section should detail which of these will impact on the operation of the bank account. The trust could for example have a secondary account used for day to day banking and the Standard Bank account will just be used to accumulate revenues prior to distribution. Or, it could be the trust s sole/main account in which case we would expect to see all revenues, costs, expenses etc. pass through the account. Amount and source of initial and subsequent deposits and anticipated volume & value of annual entries passing over account(s). To comply with its Anti-Money Laundering obligations the Bank needs to understand the operating pattern of the account. It is therefore important that this section is completed as comprehensively as possible to avoid potential delays if transactions take place which had not been advised. Amount of initial deposit Less than 10,000 10,000 to 50,000 50,000 to 250,000 Over 250,000 (Please specify amount) Source of initial deposit Subsequent deposits Number of credit transactions per month <5 5 to (please specify) Less than 10,000 10,000 to 50,000 50,000 to 250,000 Over 250,000 Source(s) of subsequent deposits If anticipated deposits exceed 1,000,000 per annum please also advise total expected credit turnover Payments Number of payments per month <25 25 to (please specify) Less than 10,000 10,000 to 50,000 50,000 to 250,000 Over 250,000 Nature of payments If anticipated payments exceed 1,000,000 per annum please also advise total expected debit turnover Average balance (complete one box only) Less than 10,000 10,000 to 50,000 50,000 to 250,000 Over 250,000 (Please specify) Page 15 of 18

16 Appendix 1 FATCA Trust Classification To comply with the requirements of The Foreign Account Tax Compliance Act ( FATCA ) and other applicable tax related legislation enacted in other countries please complete the applicable sections below. If you are in any doubt about the tax status of the Trust you should seek guidance from your tax adviser. The following section should be completed on behalf of the Trust and this form should be signed by a person/persons with appropriate authority and capacity to make these statements on behalf of the Trust. To: Standard Bank Jersey Limited/Standard Bank Isle of Man Limited ( the Bank ) of the Trust ( the Trust ) 1. Residence I / we certify that the Trust is resident and/or resident for tax purposes in UK USA Other (please specify) Tax Identification No. (where applicable) 2. Classification of Trust see page 12 for definitions Entity type Tick as applicable GIIN (if available) for either the entity or the sponsoring entity. 1. Financial Institution (FI) If you ticked 1 above, please also tick which of the following FI options applies to you 1.1 Financial Institution in UK Crown Dependency 1.2 Partner Jurisdiction Financial Institution 1.3 Non-reporting Financial Institution (including Trustee Documented Trust) in which case supply Trustee s GIIN 1.4 Deemed Compliant Foreign Financial Institution 1.5 Participating Foreign Financial Institution 1.6 Non-Participating Financial Institution Not applicable 2. Specified UK Person Not applicable 3. Specified US Person Not applicable 4. Exempt Beneficial Owner Not applicable 5. Active Non Financial Foreign Entity Not applicable 6. Passive Non Financial Foreign Entity - Please also complete Section 3 below Not applicable 7. Direct Reporting Non Financial Foreign Entity For an on behalf of (Full name of Trust) In signing, I / we consent on behalf of the entity to the disclosure by the Bank of relevant information required under the terms of The Foreign Account Tax Compliance Act ( FATCA ) and any other applicable tax related legislation and I / we undertake to inform you promptly in writing of any changes to this information. Signature Date Capacity Signature Date Capacity Page 16 of 18

17 3. Controlling Person(s) - To be completed only if the Trust has been classified as a Passive Non Financial Foreign Entity If you have confirmed in Section 2 above that the Trust is a Passive Non Financial Foreign Entity, then please complete this section for each controlling person. For these purposes, controlling persons are: The Settlor(s) Those Beneficiaries who are expected to benefit within the next 12 months The Protector (if that party has the right to remove the trustees) The Trustee where that party is a natural person The following sections can be completed by either a trustee or the controlling person (If there is insufficient space on this page please provide this information on a separate sheet of paper) Full name of controlling person Is the controlling person resident in the US for tax purposes Yes No Does the controlling person have a US passport, US citizenship or green card Yes No If you have answered yes to either of the questions above please provide the controlling person s Tax Identification Number Is the controlling person resident in the UK for tax purposes Yes No If yes, please provide the controlling person s National Insurance number In addition to any disclosures made above, please state all other countries of tax residence I confirm the above is true Controlling person signature I confirm the above is true Signed on behalf of the Trust Date Date Full name of controlling person Is the controlling person resident in the US for tax purposes Yes No Does the controlling person have a US passport, US citizenship or green card Yes No If you have answered yes to either of the questions above please provide the controlling person s Tax Identification Number Is the controlling person resident in the UK for tax purposes Yes No If yes, please provide the controlling person s National Insurance number In addition to any disclosures made above, please state all other countries of tax residence I confirm the above is true Controlling person signature I confirm the above is true Signed on behalf of the Trust Date Date Page 17 of 18

18 Definitions US Specified Person: means a US citizen or resident individual, a US partnership, a company incorporated in the US and a US trust. It however excludes certain US publicly traded companies and their US subsidiaries, US banks, US real estate investment trusts, US charities and US brokers. UK Specified Person: means an individual, a company, a partnership or a trust resident in the UK. It however, excludes UK publicly traded companies and their subsidiaries, UK banks, UK brokers and an exempt beneficial owners. Exempt beneficial owner: These are entities that are exempt from all aspects of FATCA. They include foreign governments, international organisations and certain local retirement funds. Non-Financial Foreign Entity ( NFFE ): These are non-us entities that are not Foreign Financial Institutions. There are two types of NFFEs: Active NFFE and Passive NFFE. Active NFFEs include: Trading companies Charities Companies listed on a recognised stock exchange and Related Entities of such companies. Passive NFFEs are therefore those entities which do not fall to be classed as Financial Institutions, Active NFFEs or Exempt Beneficial Owner. Direct Reporting Non Financial Foreign Entity: This is a an entity which would otherwise be classified as a Passive NFFE but which has elected to undertake reporting directly to the IRS. The definition of a Financial Institution is broad and wide ranging, and includes entities such as banks, custodians, nominees, certain insurance companies, professionally managed trusts, funds, and certain professionally managed investment companies. Financial Institution in UK Crown Dependencies: These are Financial Institutions resident in a Crown Dependency but exclude any branch or Head Office that is located outside the Crown Dependencies and any branch or Head Office of a Financial Institution not resident in a Crown Dependency. Partner Jurisdiction Financial Institution: This term relates to Financial Institutions resident in a jurisdiction that has entered into an intergovernmental agreement with the US to improve international tax compliance and to implement FATCA ( IGA ). Non-Reporting Financial Institution: These are Financial Institutions resident in a jurisdiction that have entered into an IGA with the US and which are treated as deemed compliant for FATCA purposes. Such institutions will not be obliged to undertake the required due diligence and reporting obligations applicable to FATCA. Deemed Compliant Foreign Financial Institution: This status is reserved for a class of entities that the IRS has deemed to pose a low risk of tax evasion. These Financial Institutions are treated as compliant for FATCA purposes and are not required to undertake all due diligence and reporting obligations as applicable under FATCA. There are two types of deemed compliant Foreign Financial Institutions: certified deemed compliant FFI and a registered deemed compliant FFI. The difference between these is that a registered deemed compliant FFI is obliged to register on the IRS FATCA Portal while the certified deemed compliant FFI is not. Participating Financial Foreign Institution: This is a Financial Institution resident in a non-iga jurisdiction which has entered into an FFI Agreement with the IRS. It will be obliged to register on the IRS FATCA Portal and undertake all due diligence and reporting obligations as applicable under FATCA. Non-Participating Foreign Financial Institution: This is a Foreign Institution that is not a Participating Financial Institution, a Deemed Compliant Financial Institution or an Exempt Beneficial Owner. These are generally Financial Institutions resident in non-iga jurisdictions that have not complied with the FATCA provisions. For further detail on the meanings of these definitions please refer to Return the completed form to: Jersey Standard Bank Jersey Limited Standard Bank House, PO Box La Motte Street, St. Helier, Jersey JE4 8XR Telephone: +44 (0) Facsimile: +44 (0) [email protected] Isle of Man Standard Bank Isle of Man Limited Standard Bank House, One Circular Road, Douglas, Isle of Man IM1 1SB Telephone: +44 (0) Facsimile: +44 (0) [email protected] Important information Standard Bank Jersey Limited is regulated by the Jersey Financial Services Commission. Registered in Jersey No Standard Bank Isle of Man Limited is licensed by the Isle of Man Financial Services Authority. Registered in the Isle of Man No Telephone calls may be recorded. RMC CBB28/ / Page 18 of 18