ON OBLIGUED SUBJECTS
The changes will be communicated through the submission of a new form F22 or F22-6, which is available at the following link: www.sepblac.es /Sujetos Obligados y Expertos externos>>Representante ante el SEPBLAC o Sujetos Obligados y Expertos externos >>Comunicación de personas autorizadas por el representante.
The obligated subjects must communicate to the Executive Service, by means of a written document, the dismissal of the representative and authorized, as the case may be, indicating the reason for the cessation.
Only when they are exercising activity in Spain. In this case the appointed representative to the Executive Service may be a non-resident.
In general, communities of property do not have legal personality, so for the purposes of obligated subjects, they must be treated as individual entrepreneurs.
A car dealer or other means of transport may be liable with respect to the sale of the property or with respect to its financing, in the event that it mediates in the same.
Regarding the sale of vehicles, it will be a compulsory subject when it makes collections or payments in cash, or other means of payment foreseen in article 34.2, for an amount greater than 15,000 euros *,*, either in one or in several operations in which it appears there is some kind of relationship. Article 38 of Law 10/2010 determines the obligations - not all - that these obligated parties have.
* In relation to this article, it must be borne in mind that on November 19, 2012, the limitation on cash payments established in article 7 of Law 7/2012 came into effect.
In the event that a concessionaire intermediates in financing the sale of the automobile it sells, it is not an obligated subject, but it would be if it intermediates in the granting of loans or credits to finance operations different from the previous ones.
No. The obligated party is the payment entity.
No. The obligated party is the public business entity Loterías y Apuestas del Estado,which is the person responsible for the management, exploitation and marketing of the lottery game (paragraph u) of article 2.1), regarding the operations of payment of prizes.
Section 2 of article 2.1 is applicable, which states that "the obligated parties are also subject to the obligations established in it with respect to the operations they carry out through agents or other persons acting as mediators or intermediaries of them".
Yes, to the extent that they professionally carry out agency, commission or intermediation activities in the purchase and sale of real estate.
Foundations and associations are subject to a special regime, being exclusively subject to the obligations set forth in articles 39 of Law 10/2010 and 42 of its Regulations.
The supervision of compliance with these obligations corresponds to the Protectorate, in the case of foundations, and to the body in charge of verifying its constitution, in the case of associations. Said organisms shall inform the Secretariat of the Commission in a reasonable manner when they detect breaches.
Although foundations and associations are not included by Law 10/2010 in the supervisory perimeter of the Executive Service, they are subject to the obligations of informing the Executive Service of the facts that may constitute evidence or proof of money laundering or terrorist financing and to send to the Executive Service as much documentation and information as it requires in the exercise of its powers as a Financial Intelligence Unit.
Having to comply with the obligations of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism, included in chapters II, III and IV, related to due diligence measures, obligations of information and internal procedures, respectively.
Among these obligations are, for example, that of communicating to the Executive Service the operations with indications of money laundering or financing of terrorism, applying due diligence measures in their relations with clients, training their employees in the prevention of money laundering, appoint a representative before the Executive Service, etc.
No, only people who effectively trade goods or exercise the activities indicated in article 2.1 are obligated subjects..
They are obliged to comply with the rules on the prevention of money laundering and the financing of terrorism (that is, they are "obligated subjects") the natural or legal persons indicated in paragraphs a) to y) of article 2.1 of the Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism.
INFORMATION OBLIGATIONS TO THE EXECUTIVE SERVICE
The reporting obligations of the obligated parties are defined in chapter III of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism (articles 17 to 25).. A distinction must be made between communications by signs and systematic communications:
Communications by indication: Any obligated party that, after carrying out the special examination provided for in article 17 of Law 10/2010, concludes that in some operation there is indication or certainty that the act or operation examined is related to money laundering or the financing of terrorism, must send to the Executive Service a communication by indication as described in article 18 of law 10/2010. The structure that this communication must have is specified in the form F19-1, which can be found at www.sepblac.es>>sujetos obligados y expertos externos>>comunicación de operaciones>>comunicación de operativas sospechosas por indicio.
Without prejudice to what is described in point 2 below, when an obligated party has not sent communications by indication because there are no facts or operations related to money laundering or terrorist financing, it will not be necessary to send any type of negative statement.
Systematic communications: only the obligors included between paragraph a) and paragraph i), of article 2.1 of Law 10/2010, except the insurance brokers referred to in art. 2.1.b and the financial advisory companies,, must make the systematic communication referred to in Article 20 of said Law.. This communication consists in sending monthly to the Executive Service the operations that meet the criteria established in letters a), b), c), d), e) and f) of article 27.1 of the Regulation of Law 10/2010, approved by Royal Decree 304/2014..
According to the Second Transitory Provision of the Regulation of Law 10/2010, the systematic communication established in the previous sections e) and f), will be enforceable from the date determined by the Executive Service of the Commission, who will also determine the form and content of said communications.
Generally, yes, except for the exceptions provided in the Regulation of Law 10/2010,, approved by Royal Decree 304/2014.
INTERNAL CONTROL MEASURES
Internal control body (OCIC)
The responsibility resulting from his private legal relationship with the obliged subject that hires him as an external expert for the realization of the annual examination.
According to section 2 of article 28 of Law 10/2010,the obligated parties may not entrust the practice of external examination to those natural persons who have rendered them or provide any other kind of paid services during the three years preceding or following the issue of the report.
No, they do not have to do it. They will only communicate semiannually the list of obligated subjects whose internal control measures have been examined during that period.
Order EHA / 2444/2007, of July 31, specifies the structure to which the written report of the external expert must adjust, and specifies the minimum aspects that must be considered by them.
No. The Executive Service only acknowledges receipt of the form in which the intention to act as an external expert is communicated.
There is no public registry of external experts and neither does the Executive Service provide information in this regard.
Pursuant to section 2 of article 28 of Law 10/2010, it is the responsibility of the obligated subjects to entrust the practice of external examination to persons who meet academic conditions and professional experience that make them suitable for the performance of the function.
- Entrepreneurs or individual professionals, understanding as such those individuals who perform, in their own name, a business or professional activity.
- Insurance brokers.
- The obliged subjects included in art 2.1, paragraph i) to u), both inclusive, including agents occupy less than 10 people and whose annual turnover or annual balance does not exceed 2 million euros, except those which are integrated into a business group that exceeds these figures.
Form F-22-7 that is located on the Web of the Executive Service, Web del Servicio Ejecutivo, Sujetos Obligados y Expertos externos >> Expertos Externos >> Comunicación de actuación como experto externo
Such documentation must be sent, by ordinary mail, to the following address:
Calle Alcalá, 48
The Law does not establish a requirement other than that of informing the Executive Service of its intention to act as an external expert before starting its activity, and to report semiannually on the list of obligated subjects whose internal control measures it has examined.
The obliged subjects must ensure that their employees know the requirements arising from Law 10/2010 on prevention of money laundering and financing of terrorism.
The law establishes that the internal control body must approve an annual training plan, and that the participation of employees in training courses must be accredited. The law does not require that these courses be contracted externally, nor does it specify who should teach those courses or establish criteria for homologation or validation of training programs.
AUTHORIZATION RECORDS BEFORE THE DIFFERENT ORGANISMS
Each case is different, and there may be many reasons for not issuing the favourable report, but in general terms the most frequent are usually the following:
- There are obligations established in the Law that have not been contemplated in the manual. To correct this deficiency, all the points of the Recommendations document on PBC-FT internal control measures must be taken into account ", which is located on the", Executive Service website," Reports and Publications "section.
- There are obligations established in the Law that are interpreted in an erroneous or confusing manner in the procedures manual (for example, confusion between DMO and communications by indication). It is necessary that the entity that is going to be constituted has an adequate knowledge of all the obligations established by Law 10/2010.
A greater practical definition of the application of the procedures is lacking. The manual should not be a mere transcription of the legislation, but should describe how the obligations established by the Law will be complied with in practice.
Yes. This is the "Recommendations document on internal control measures of PBC-FT". It is located on the Web of the Executive Service, section "Reports and Publications"..
It is not a document to be used as such, since all its points must be developed to adapt to the operation of the entity to be constituted.
(Extracted from the web page of the SEPBLAC) http://www.sepblac.es/espanol/preguntas_frecuentes/faqs-sujetos-obligados.htm