Order on Notification and Registration of Companies and Persons in the Danish Financial Supervisory Authority's Anti-Money Laundering Register

Order on Notification and Registration of Companies and Persons in the Danish Financial Supervisory Authority's Anti-Money Laundering Register

Pursuant to Section 52 and Section 78, subsection 6, of the Act on Preventive Measures against Money Laundering and Financing of Terrorism (the Money Laundering Act), cf. Statutory Order No. 807 of 21 June 2024, it is hereby prescribed:

Scope of Application

Section 1. This Order applies to companies and persons covered by Section 1, subsection 1, no. 8, of the Money Laundering Act, and who, in accordance with Section 48, subsection 1, of the Money Laundering Act, must be registered with the Danish Financial Supervisory Authority (Finanstilsynet) in order to carry out their business.

Notification for Inclusion in the Register

Section 2. Companies and persons covered by Section 1 shall submit a notification to the Danish Financial Supervisory Authority for inclusion in the register.

Subsection 2. The notification shall be made using the notification form for companies' and persons' notification under Section 48, subsection 1, of the Money Laundering Act, which is available on the Danish Financial Supervisory Authority's website. The notification and the documentation that must be reported together with the notification shall be submitted electronically to the Danish Financial Supervisory Authority.

Subsection 3. Companies covered by Section 1 shall provide the following information when submitting a notification for inclusion in the register:

1. The company's CVR number (Business Registration Number).
2. The company's name and address.
3. Information about the service or services provided by the company, which are listed in Annex 1 to the Money Laundering Act.

Subsection 4. The top management, daily management, and beneficial owners of companies shall provide the following information when submitting a notification for inclusion in the register:

1. The person's CPR number (Danish Personal Identification Number). If the person does not have a CPR number, a similar form of personal identification shall be used. If no similar form of personal identification is available, the person's date of birth shall be provided, cf. otherwise subsection 5.
2. The person's full name and address.
3. Information about the service or services provided by the person, which are listed in Annex 1 to the Money Laundering Act.

Subsection 5. For persons for whom notification is required under subsection 4, and who do not have a CPR number, information about date of birth and citizenship at birth, as well as passport number or number from an identity card that can be used for entry into a Schengen country, must be provided in connection with the registration. A copy of the passport or national identity card that can be used for entry into a Schengen country must be attached to the notification.

Subsection 6. If the company has no beneficial owners, the company shall provide the information mentioned in subsection 4 for the top management and the daily management.

Section 3. Companies and persons covered by Section 1 shall, in connection with the notification to the Danish Financial Supervisory Authority, give written consent for the Danish Financial Supervisory Authority to obtain public criminal records for companies and persons covered by Section 2, subsection 4.

Subsection 2. Companies in corporate form must attach written consent from the authorized signatory for the Danish Financial Supervisory Authority to obtain public criminal records for the company, and written consent from the company's top management, daily management, and beneficial owners for the Danish Financial Supervisory Authority to obtain public criminal records for these persons. Sole proprietorships must attach written consent for the Danish Financial Supervisory Authority to obtain public criminal records for the beneficial owners of the company.

Subsection 3. Companies and persons must disclose whether the business has been convicted of a criminal offense that constitutes a likely risk of misuse of the registration, or whether a beneficial owner has been convicted of a criminal offense that constitutes a likely risk of misuse of the person's controlling influence.

Registration

Section 4. The Danish Financial Supervisory Authority maintains a register of companies and persons registered in accordance with Section 2.

Section 5. The Danish Financial Supervisory Authority sends a confirmation via Digital Post to the company or person when the registration or changes to the registration have been made.

Subsection 2. The notified form of business may not be commenced before registration has taken place.

Subsection 3. The Danish Financial Supervisory Authority may refuse to register companies or persons if the company or person refuses to provide the information mentioned in Sections 2 and 3.

Statutory Gazette A 2024 Published on 20 September 2024 17 September 2024. No. 1046. Ministry of Business Affairs, Danish Financial Supervisory Authority, file no. 24-004861 CQ002927

Information in the Register and Publication

Section 6. The Danish Financial Supervisory Authority publishes the registration of the company or person on its website.

Subsection 2. The publication includes information received in accordance with Section 2, subsection 3.

Notification of Changes

Section 7. Companies and persons covered by Section 1 shall electronically notify the Danish Financial Supervisory Authority of any changes to the information covered by Sections 2 and 3 when the change has occurred.

Subsection 2. When notifying of changes, the information mentioned in Section 2, subsection 3, nos. 1 and 2, and subsection 4, nos. 1 and 2, shall be provided together with the information that is to be changed.

Subsection 3. If the change concerns a person who does not have a CPR number, the information mentioned in Section 2, subsection 5, shall be provided together with the information that is to be changed.

Notification of Deletion from the Register

Section 8. Companies and persons covered by Section 1 shall electronically submit a notification for deletion from the Danish Financial Supervisory Authority's register when they are no longer covered by Section 1, subsection 1, no. 8, of the Money Laundering Act. The information mentioned in Section 2, subsection 3, nos. 1 and 2, and subsection 4, nos. 1 and 2, shall be provided when submitting a notification for deletion of the company or person from the register.

Penalties

Section 9. A fine shall be imposed on anyone who intentionally or grossly negligently violates Section 2, subsection 1, Section 5, subsection 2, and Section 7, subsection 1.

Subsection 2. Companies and other legal persons may be subject to criminal liability in accordance with the rules in Chapter 5 of the Danish Penal Code.

Entry into Force

Section 10. This Order enters into force on 30 December 2024.

Subsection 2. Statutory Order No. 1380 of 28 November 2023 on notification and registration of companies and persons in the Danish Financial Supervisory Authority's Anti-Money Laundering Register is repealed.

Danish Financial Supervisory Authority, 17 September 2024 Louise Mogensen / Heidi Ravnholt 17 September 2024. No. 1046.