2019-05-28

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Appendix on Indicators of Personal Account Exploitation for Commercial and Remittance Purposes

The document establishes specific indicators for detecting the exploitation of personal accounts for commercial activities, money exchange, and financial transfers. It details red flags across customer identification, transaction patterns, cash operations, credit cards, remittances, and electronic banking services. The text also clarifies that lawyers and doctors are exempt from Commercial Register requirements for private practices unless forming a company or health center.

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Appendix on Indicators of Personal Account Exploitation for Commercial Purposes and Up to Money Exchange and Financial Transfer Operations

First: Through Customer Accounts:

  • Customer identification data indicates that the customer is conducting business.
  • The volume of expected financial movements on the account, as declared by the customer, contradicts the nature of the customer's work and the purpose for which the account was opened.
  • The customer's repeated request for checkbooks in large quantities, which does not align with the personal purpose of using checks as declared by the customer.
  • The main purpose of opening the account is to send and receive external remittances for commercial transfers.
  • The existence of multiple sub-accounts for the customer at the same bank.
  • Intensive transfers or depositing checks from a company's account to one of its employees' accounts and vice versa.

Second: Through Transactions Conducted on Accounts:

  • The nature of credit facilities granted is related to commercial activities, such as financing working capital (current account debit), establishing commercial complexes, land and real estate trading, car trading, etc.
  • The customer maintains both a personal account and a commercial account for the company, but financial operations focus on the personal account instead of the company's account.
  • The customer's personal account balances are low despite experiencing a high turnover rate.
  • Financial operations conducted on the account are with commercial companies or individuals who control commercial companies.
  • The account experiences repeated financial operations, especially with the same related parties.
  • Financial operations are conducted intensively on the account on both the debit and credit sides.
  • Granting indirect facilities on personal accounts where the second party is a company, or the second party is a natural person and the reason for granting is commercial, such as guarantees or credits, etc.
  • Internal transfers from/to the customer's account to/from accounts of natural persons where the reason for the transfer is commercial.
  • Internal transfers from/to the customer's account to/from accounts of companies, institutions, or owners of institutions/companies.
  • Checks (incoming or outgoing) to/from the customer's account from/to accounts of companies, institutions, or owners of institutions/companies.
  • Checks deposited in the customer's account from natural persons' accounts for commercial purposes.
  • Checks drawn from the customer's account to other natural persons' accounts for commercial purposes.

Third: Through Cash Transactions:

  • The data mentioned in the cash deposit form indicates a commercial relationship.
  • Intensive cash deposits accompanied by withdrawals while maintaining a low credit balance, suggesting that the customer is depositing their daily sales income into their account.
  • Large and repeated cash deposits on prepaid cards followed by payments to commercial parties.
  • Repeated cash deposits by companies, institutions, or owners of institutions/companies from someone other than the account holder.
  • Cash withdrawals conducted for commercial purposes.

Fourth: Through Credit Cards:

  • The balance turnover rate on the credit card/digital wallets exceeds the credit limit of the card/wallet by multiples, and this occurs repeatedly.
  • Intensive incoming transfers to online shopping cards.

Fifth: Through Remittances:

  • The data shown in the remittance forms (incoming and outgoing) or its purpose indicates commercial relationships or purposes, such as payment for goods, settling invoices, etc.
  • The customer receives incoming remittances or sends outgoing remittances where the source or recipient is a company, institution, or owner of an institution/company.
  • Receiving incoming remittances from a person or company in a foreign country and then immediately transferring them to another person or company in the same country or another foreign country, or to the same source's account in another country.

Sixth: Through Electronic Banking Services:

  • The customer uses internet banking services for transfers where the beneficiary is a company or the stated purpose of the transfer is commercial.
  • Transfers from the (e-fawateercom) system to pay customs fees.

Seventh: Examples of indicators of exploiting personal accounts to conduct operations related to exchange and financial transfers by persons not licensed to do so:

  • Cash deposits and/or checks deposited in the personal account by a person/several persons related to money exchange companies (partners, employees).
  • Cash deposits and/or checks deposited in the personal account by a person/several persons, which are usually followed by cash withdrawals of those amounts.
  • Customer identification data in the fields of field of work and/or sources of income indicates affiliation with a money exchange company.
  • Including the purpose of the operation (exchange, currency conversion, remittance, educational expenses) in a manner that does not match the nature of the work or the purpose of opening the account for persons and/or companies not licensed to practice money exchange and fund transfer activities.
  • The customer justifies some financial movements in their account as being an employee of a money exchange company or having a relationship with a money exchange company.
  • Opening multiple personal accounts in different currencies without a justified purpose.
  • The existence of incoming transfers to the personal account from persons and companies without a justified purpose, followed by cash withdrawals of amounts comparable to the amounts received in the account.

Eighth: As listed below are examples of entities that are not required to register in the Commercial Register at the Ministry of Industry and Commerce:

EntityNotes
LawyersA lawyer is not required to register their private office as they are professionals, unless a group of lawyers intends to register a company for themselves.
DoctorsA doctor is not required to register their private clinic as they are professionals, unless a group of doctors intends to register a health center. Emergency centers are required to register.