Administrative services A-Z

Forms: no

Online procedure possible: yes

Written form required: no

Personal appearance required: no

If you are an obligated party and at the same time the parent company of a group under the Money Laundering Act (AMLA), you are obliged to appoint a money laundering officer for this group as well as a deputy.

The orders and the discharges must be reported to the supervisory authority in advance.

The Group Anti-Money Laundering Officer is responsible for drawing up a Group-wide uniform 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 by the group companies, but performs an additional function.

The group money laundering officer must create binding procedures across all companies for the implementation of anti-money laundering obligations in the group's branches, branches and group-affiliated companies in Germany and abroad. He or she is authorized to issue instructions for their enforcement.

As part of his or her duties, the group money laundering officer must keep himself or herself informed about their compliance with anti-money laundering obligations in the branches, branches and group companies in Germany and abroad.

Furthermore, he or she must satisfy himself or herself at regular intervals - also through on-site visits - in particular that the obligations under money laundering law are complied with or that the necessary measures are 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 commissioned by him or her are authorized to obtain audit reports, if any, in relation to all group branches, branches and group companies in Germany and abroad.

This power shall also include the unrestricted carrying out random checks within the scope of the abovementioned tasks. In addition, the parent company must ensure that the Group Money Laundering Officer, the employees commissioned by him or her and the Group Internal Audit have group-wide access within the scope of their duties to all information, documents and files relevant to the fulfilment of their obligations under money laundering law, in particular on all customers, beneficial owners and on all business relationships and transactions within or outside such companies. Have business relationships.

The group money laundering officer must take precautions to protect personal data.

Obligated persons under the Money Laundering Act

Only natural or legal persons who are obligated under the AMLA are obliged to notify.

Personal reliability and qualification

The future money laundering officer and the deputy must prove the required 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 display authorization

• • Proof of appointment as a group money laundering officer or group money laundering officer, or
  • Proof that the applicant is a member of the company's management level (e.g. extract from the commercial register or shareholders' agreement)

If applicable, current excerpt from the commercial register

Registered companies should submit a current excerpt from the commercial register when submitting their application. Legal entities in the process of being established (GmbH, AG) submit the articles of association or articles of association.

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

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

Your notification will be examined by the competent authority.

If the person does not have the necessary 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 before the order is placed.

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

Financial companies, insurance intermediaries, service providers for companies and for trust assets or trustees, real estate agents, goods dealers

(§ 2 para. 1 nos. 6, 8, 13, 14, 16 AMLA):

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

Heinrich-Mann-Allee 107,

14473 Potsdam

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

FAX: +49 (0) 331 866 1583

Mail: geldwaesche@mwae.brandenburg.de

Gambling (§ 2 para. 1 no. 15 AMLA):

Ministry of the Interior and Local Government

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 (§ 2 para. 1 no. 15 AMLA):

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

Phone: +49 (0) 331 866-7001

https://mluk.brandenburg.de

• Section 9 (1) sentence 2 no. 2 of the Money Laundering Act (AMLA)
• In conjunction with Section 7 (4) sentence 1 of the Money Laundering Act (AMLA)

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

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