Decreto 143/2006 Norme Antiriciclaggio

Integrazione Norme Antiriciclaggio

The guide for the money laundering prevention regulation, written by the National Council of Notaries: Answers to questions applicants (Frequently Asked Questions - FAQ) on the legislation against money laundering. The National Council of Notaries, in order to meet an initial requirement of basic information, has launched the publication of a series of answers to questions (FAQ) on the legislation against money laundering.

Money Laundering Prevention: FAQ

The Notaries National Council, has recently published a document that provides answers to the questions most common places to notaries, in terms of Antiriciclaggio, this document was also published by Il Sole 24 Ore, we think that this document could be useful for understanding better legislation and its implementation by the Notary.
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Answers to recurring questions (Frequently Asked Questions - FAQ) on the legislation against money laundering. The National Council of Notaries, in order to meet an initial requirement of basic information, has launched the publication of a series of answers to questions (FAQ) on the legislation against money laundering. The key to reading the FAQ, which can not replace the depth of the material contained in the studies of the CNN (and already available on the site notariato.it), is to avoid rigidly formalistic interpretation of the text of the law, which, among 'could also lead to distortion (over-reporting, significant additional obligations, etc..), and therefore of no use, if not an obstacle, for the purposes intended by the legislation. The path argument followed, for the full development studidel to see CNN on the subject, suggests that the legislation, brought by the D. Lgs 231/07, should be read in light of the general principles raised by the European Union Directive Recital and Law delegation; the interpretation of those rules was thus modulated second sustainability, proportionality and reasonableness, referring especially to the recipient-notary according to its specificity.
Due diligence GUESTS
Scope
1) To take such actions to the obligations of the legislation?
- All the acts with which you transfer real rights on real economic activity or a value equal to or greater than 15,000;
- Constitutions of companies or entities of any amount;
- In any other case where there is suspicion of money laundering or  financing terrorist.

Customer identification
2) What should I do if the customer does not have a valid ID?
The rules of the notary has laundering legislation on the prevalence, so I will adjust as required by law notary to achieve certainty of personal identity and note that fact in the case study.
3) I have yet to identify the officials of the bank?
Some banks and financial intermediaries are exempted from the requirements of verification and identification (Article 25 Legislative Decree no. 231/07).
4) That the identification requirements when I spoke a prosecutor?
a) If the authorization is Italian and comes from a country where the professional notary is subject to our obligations in relation to money laundering, can I rely, under my responsibility, the identification made by the notary authenticating.
b) If the attorney is from another country, probably I will have to identify the beneficial owner of mandator.

Identification
5) Who is the owner?
With regard to the notary, this concept refers only to those who control companies or institutions, never to those who exercise de facto control over a natural person, is "beneficial owner" is one who has control of, directly or indirectly (generally is sufficient to have 25% of the capital plus one), or is a beneficiary of the assets (for at least 25% plus one). As regards natural persons, it is necessary to record the personal details of who performs the transaction and subject to account of what eventually will work.
6) What system identify the beneficial owner?
In a statement head of the client, or independently by means of consultation with public records or otherwise appropriate, how they are used together, a careful evaluation of the notary, is not strictly necessary to obtain a copy of identity document, in Although Article 19 letter b) d. lgs. No 231/07, allows you to refer to public records, documents, proceedings, or, ultimately, also a statement of the customer.
7) I need to identify the beneficial owner in any case?
Article. 19 Legislative Decree no. 231/07 (which thus appears to provide for), should be read in light of general principles (mandatory) and the sustainability of the assessment according to risk profile: sideve to identify the owner only when other circumstances make the appropriate / advisable.
8) To what degree should I go back to identify the beneficial owner?
Up to identify an individual.
Trusts
9) Can I ask the trust company to disclose the name of the person on whose work?
Yes, because the trustees are subject to the requirements of identification and verification, unlike banks and other financial intermediaries (see art. 25, 1st paragraph of art. No 231/07), in all cases which the notary it considers necessary for the overall assessment of the operation. Are excluded only those who have the trust and entry features such as SIM.
10) What should the principal to ensure the anonymity of the trust?
E 'must keep on file the documentation in a manner that will ensure the greatest possible confidentiality (eg. In a sealed envelope and sealed by the notary's direct).
11) The trust company may refuse to disclose the name of the entity on behalf of which it operates, and, if so, what should I do?
Any refusal to the request of the notary could be considered an index, to be assessed together with other circumstances of the transaction, with a view to reporting of suspicious transactions.
REGISTRATION OBLIGATIONS
Methods of payment
12) When do I acquire the mode of payment?
There is no obligation for payments of less than 15,000 euros, for the upper extremities, in addition to the cases provided for in Article 22 paragraph. 35, d.l. 223/2006, I get the documentation on whether I have acted as agent or otherwise have provided advice on the preparation of the payment, or the parties have informed me that they have done or as the same has happened to my presence, in which case I can return the in extreme or keep a copy in the file, in other cases I have the right to call for information on payment methods, which
assess for the possible anomaly of the operation.
13) What should I do if the parties show me that the payment has already happened, for cash, in installments, before the act?
Whether, according to the time when the payment is done and the amounts of the individual rate, there has been a breach of legislation.
14) What are the references that impact on time to track the payments?
- For payments made to the 4th of July 2006 there is no requirement for tracking real estate transactions;
- For payments made by 4 July 2006 to 30 April 2008 relating to acts of non-property assets, does not apply the new legislation: the minimum is € 12,500, are the old concepts of operation and split the old rules on the cumulation of payments;
- For payments to be made after April 30 2008 to apply the new rules.
Archives and records
15) I still need to keep the Archive Unique Information?
No, now all notarial activity is covered by the resilience of ordinary notarial registers from normal activities and conservation of the (paper) of study.
16) In addition to the repertoire notarially, what must I registry fit?
For non-notary must munirmi of a (paper) customers.
17) How to stamp the record of the customer?
It should be numbered and each page initialed by the notary or his agent, in the sheet should be shown how many pages is made and signed. The above instructions of the UIC, May 18, 2006 (Clarification No. 4 to Measure UIC24 February 2006) expressly provided that "it is not permissible to use a log on paper or a notebook ring."
18) What should I write on the register of customers and within what period?
The register will record only the name and surname of the parties, and, intuitively, the commencement date of the report. The deadline for the annotation shall be thirty days after completion of the transaction. Annotate performance should not notaries, such as counseling, or assignments revoked, provided the activity until the dismissal has resulted in an effective professional. Covered under notarial activities, and should not be recorded, all activities, even preliminary, which is made up of running to enter into an act.
19) The register of clients may be replaced by the heading notarially?
No, because both have different methods of authentication, either because the log of customer integrates the keeping of registers of notaries, and is limited to non-notary, but the section includes only the deeds and does not seem to note the other activities.
20) If I decide to keep an archive instead of the register of customers, what changes in terms of requirements for registration?
In theory it would be possible to take, as an alternative to the register of customers, a file format and managed by means of, but in this case, instead of just record the identities of the parties, I must record all the information required under Article 36, 2 ^ paragraph no. n.231/07, and therefore also the date, the purpose, the type of the operation, the means of payment, etc. ..
21) For how many years should I keep the file of the client?
If it contains data, information, copies and original documents under Article. 36, 1 Legislative Decree no. 231/07, from 10 years of service or professional.
22) For how many years should I keep records of customers?
10 years after registration.
23) For how many years should I keep the originals and notarial registers?
The conservation of the originals and notarial registers is independently governed by the law profession, so if the notary ceases its activities or moves to another district before the expiration of the time indicated by the legislation against their preservation will be covered Notarial Archives competent under the normal rules and will not be limited to 10 years, applies to different cases of study that should be kept by the notary for the ten-year period.
24) The preservation of data and documents in the file can be replaced by corresponding electronic scans?
If this is a simple scan is not available conservation systems Under the electronic copies of the original paper should take account of the risk of losing the electronic copy, with consequent liability for negligent retention.
25) Enter the details of the identity card is in correct? What impact does it have?
Is not required under the law against money laundering, but it is not prohibited, the statement in the name of the document exempts from the record copies in the files of the study.
REPORTING REQUIREMENTS
26) Where can I find a list of indicators of anomaly?
Measure C in the UIC of 24 February 2006 (downloadable from the section RUN Antiriciclaggio) and of art. 20, no. 231, 2007 which establishes the general criteria for assessing the risk of money laundering and financing terrorism.
27) I have to stop the performance if I decide to make a report?
Yes if possible, consistent with the obligation to accept the document required by law notary.
28) How do I report? By that time limits must be done?
The report shall be forwarded to the FIU, for the moment even with the previous paper how it must be done without delay, if possible before performing the operation.
29) If I make the alert should also do the 361 cp ex?
No, the reporting of suspicious transaction also fulfills the purposes of Article. Cp 361.
30) A penalty that I do not meet if the alert?
National Council of Notaries from 1% to 40% of the transaction and it can be ordered the publication of the decision to extract punishment on two national newspapers, one economic
RESTRICTIONS ON USE OF CASH AND SECURITIES TO BEARER
31) Is possible to release more checks, each with a value below the maximum threshold allowed without the approval of non-transfer clause if the total amount of the transaction is above the maximum threshold allowed?
Yes, as for interpretation already established under the previous legislation, the minimum threshold that requires the use of non-transferability refers alsingolo check and not to the total amount of the transaction; from 30 April 2008, however, should be included in the shot indicating the tax identification number of the impeller. The fragmentation of the payment may be an anomaly to be considered for a possible suspicious transaction reporting.
32) E 'possible that the same check used for payment of part of the price the seller is from the shot to the Ombudsman for the payment of commission?
Yes, provided that the threshold of the single check is less than the maximum threshold for issuing a check without the non-transferability.
33) In what ways can adjust a deferred payment?
In a regulatory regime on 30 April 2008, if greater than or equal to 5,000 euros in total, can not be settled in cash or bearer securities for more than a single rate equal to or above the limit.
34) When is "split" the transaction? What consequences does this have?
When one is concerned with performance, even if performed over seven days, in which case the obligations triggered tracking.
35) Who should be sent to the communication of the infringement in the use of cash? By what terms?
Territorially competent offices of the Ministry of Economy, and the list can be found in the section on Anti-RUN, the deadline is 30 days of investigation, the communication should not be made if the transaction has already been marked as suspect

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