Leistungen A-Z

If you are both an obliged entity and the parent company of a group in accordance with the Money Laundering Act (GwG), you are obliged to appoint an anti-money laundering officer for this group as well as a deputy.

The supervisory authority must be notified in advance of appointments and dismissals.

The group money laundering officer is responsible for drawing up a uniform group-wide strategy for the prevention of money laundering and terrorist financing and for coordinating and monitoring its implementation.

The Group Money Laundering Officer does not replace any money laundering officers that may be required at the group companies, but performs an additional function.

The Group Money Laundering Officer must create binding procedures for the implementation of money laundering obligations in the group branches, subsidiaries and group companies in Germany and abroad. He or she is authorized to issue instructions for their implementation.

As part of his or her duties, the Group Money Laundering Officer must obtain information on an ongoing basis from the branches, subsidiaries and group companies in Germany and abroad about their compliance with money laundering obligations.

Furthermore, he or she must ensure at regular intervals - including through on-site visits - in particular that the obligations under money laundering law are being complied with and that the necessary measures are being taken and effectively implemented. If necessary, he or she must also take cross-company measures.

The parent company must ensure that the Group Money Laundering Officer or the employees appointed by him or her are authorized to obtain audit reports, if available, for all branches, subsidiaries and group companies in Germany and abroad.

This authorization also includes the unrestricted performance of spot checks as part of the aforementioned tasks. The parent company must also ensure that the Group Money Laundering Officer, the employees appointed by him/her and the Group Internal Audit department have group-wide access to all information, documents and files relevant to the fulfillment of money laundering obligations, in particular regarding all customers, beneficial owners and all business relationships and transactions within or outside such business relationships.

The Group Money Laundering Officer must take precautions to protect personal data.

Obliged parties under the Money Laundering Act

Only natural or legal persons who are obligated parties under the Money Laundering Act are obliged to report.

Personal reliability and qualifications

The future money laundering officer and the deputy must provide evidence of the necessary personal reliability and professional qualifications.

Notification of the appointment or dismissal of a group money laundering officer or a group money laundering officer and the deputy

Proof of authorization to report

• • Proof of appointment as Group Money Laundering Officer or Group Money Laundering Officer or
  • Proof that the applicant is a member of the company's management (e.g. extract from the commercial register or shareholders' agreement)

Current excerpt from the commercial register, if applicable

Registered companies should submit a current excerpt from the commercial register with their application. Legal entities in the process of being founded (GmbH, AG) must submit the articles of association.

The supervisory authority reserves the right to request information on the qualifications of the group anti-money laundering officer (e.g. overview of professional career, proof of participation in anti-money laundering training courses, etc.) and his/her reliability (e.g. in the form of information from the Federal Central Register or, if applicable, from the Central Trade Register).

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As an obligated company, you must notify the supervisory authority in advance of the appointment or dismissal of a group money laundering officer and deputy for your company.

Your notification will be reviewed by the competent authority.

If the person does not have the required qualifications or reliability, the appointment as group money laundering officer or group money laundering officer or deputy must be revoked at the request of the supervisory authority and a new person must be appointed

The notification of the group money laundering officer and/or the deputy must be made prior to the appointment.

There is no deadline, i.e. the notification can also be made at very short notice.

The notification is intended to give the authority the opportunity to check the qualifications and reliability of the newly appointed group money laundering officer and/or deputy and, if necessary, to object to the appointment in a timely manner.

The supervisory authority must also be notified in advance of the dismissal ("disengagement") of the group money laundering officer and/or the deputy.

Financial companies, insurance brokers, service providers for companies and for trust assets or trustees, real estate brokers, goods traders

(§ 2 para. 1 no. 6, 8, 13, 14, 16 GwG):

Ministry of Economic Affairs, Labor and Energy of the State of Brandenburg

Heinrich-Mann-Allee 107,

14473 Potsdam

Tel.: +49 (0) 331 866 -1778 or +49 (0) 331 866 -1735

FAX: +49 (0) 331 866 1583

Mail: geldwaesche@mwae.brandenburg.de

Gambling (Section 2 (1) No. 15 GwG):

Ministry of the Interior and Municipal Affairs

of the State of Brandenburg

Henning-von-Tresckow-Straße 9 - 13

14467 Potsdam

Phone: +49 (0) 331 866 -2221

Gluecksspielaufsicht@mik.brandenburg.de

Bookmakers, totalizers (Section 2 (1) No. 15 GwG):

Ministry of Agriculture, Environment and Climate Protection
Henning-von-Tresckow-Str. 2-13, House S
14467 Potsdam

Telephone: +49 (0) 331 866-7001

https://mluk.brandenburg.de

• § Section 9 (1) sentence 2 number 1 of the Money Laundering Act (GwG)
• § Section 7 (4) sentence 1 of the Money Laundering Act (GwG)

• Https://mwae.brandenburg.de/media/bb1.a.3814.de/Auslegungshinweise_GwG_2020.pdf

Ministry of Economic Affairs, Labor and Energy of the State of Brandenburg