Order on Notification and Registration of Providers of Services to Businesses in the Danish Business Authority's Register for Combating Money Laundering

Order on Notification and Registration of Providers of Services to Businesses in the Danish Business Authority's Register for Combating Money Laundering

Pursuant to Section 61 and Section 78, Paragraph 5, of Act No. 651 of 8 June 2017 on Preventive Measures against Money Laundering and Financing of Terrorism (the Money Laundering Act), it is hereby prescribed:

General

Section 1. This Order applies to companies and persons who carry out business as providers of services to businesses, pursuant to Section 1, Paragraph 1, No. 18, of the Act, which, in accordance with Section 58, Paragraph 1, of the Act, must be registered with the Danish Business Authority in order to carry out this business.

Paragraph 2. The Danish Business Authority maintains a register of the companies and persons mentioned in Paragraph 1. Information received in accordance with Section 2 is published in the Danish Business Authority's IT system.

Information in the Register

Section 2. For companies and persons as mentioned in Section 1, Paragraph 1, the register contains information about the service(s) provided pursuant to Section 2, No. 12, letters a-e, of the Act.

Paragraph 2. For companies, the register contains information about:
1) the company's CVR number (Business Registration Number) and, for business locations, their possible P-number,
2) the company's name and address,
3) the company type, and
4) the company's beneficial owners and management, including information about the persons' names and addresses.

Paragraph 3. For persons as mentioned in Section 1, Paragraph 1, the register contains information about the person's name and address.

Notification of Application for Inclusion in the Register

Section 3. When companies notify their application for inclusion in the register, the information referred to in Section 2, Paragraph 2, must be stated, as well as information about the service(s) provided pursuant to Section 2, No. 12, letters a-e, of the Act.

Paragraph 2. For the company's beneficial owners and management, and for persons as mentioned in Section 1, Paragraph 1, name, address, and CPR number (Danish Personal Identification Number) must be stated. For persons as mentioned in Section 1, Paragraph 1, information about the service(s) provided pursuant to Section 2, No. 12, letters a-e, of the Act must additionally be stated.

Paragraph 3. For persons who must be registered in accordance with Section 3, Paragraph 2, who do not have a CPR number, a passport number or a number from an identity card that can be used for entry into a Schengen country must be entered in connection with the registration, as well as information about date of birth and citizenship at birth. A copy of the passport or national identity card, which can be used for entry into a Schengen country, must be attached to the registration. Additionally, the person's gender must be stated.

Paragraph 4. When notifying application for inclusion in the register, the following must be stated for companies:
1) information about whether the company has submitted a petition for restructuring proceedings or bankruptcy or is under restructuring proceedings or bankruptcy proceedings, and whether the company has been convicted of a criminal offense that establishes a likely risk of misuse of the registration, pursuant to Section 78, Paragraph 2, of the Criminal Code, and
2) information about whether a member of the company's management has submitted a petition for restructuring proceedings, bankruptcy, or debt relief or is under restructuring proceedings, bankruptcy proceedings, or debt relief.

Paragraph 5. When notifying application for inclusion in the register, information must be stated for persons as mentioned in Section 1, Paragraph 1, about whether the person as mentioned in Section 1, Paragraph 1, has submitted a petition for restructuring proceedings, bankruptcy, or debt relief or is under restructuring proceedings, bankruptcy proceedings, or debt relief.

Notification of Changes to Information

Section 4. Changes to the information referred to in Sections 2 and 3 must be notified to the Danish Business Authority.

Paragraph 2. When companies notify changes, the company's name, address, CVR number, and possible P-number must be stated, together with the information that is to be changed.

Paragraph 3. When notifying changes to the company's beneficial owners or management, the person's name, address, and CPR number must be stated, together with the information that is to be changed. For changes concerning persons who do not have a CPR number, a passport number or a number from an identity card that can be used for entry into a Schengen country must be entered in connection with the registration, as well as information about date of birth and citizenship at birth. A copy of the passport or national identity card, which can be used for entry into a Schengen country, must be attached to the registration. Additionally, the person's gender must be stated.

Paragraph 4. Notification of changes to information must be received by the Danish Business Authority no later than 2 weeks after the decision regarding the change has been made.

Notification of Deletion from the Register

Section 5. The companies and persons mentioned in Section 1 are obliged to notify their deletion from the register for combating money laundering when they are no longer covered by Section 1, Paragraph 1, No. 18, of the Act. With the notification of deletion of the company, the person, or the company's business location, the information mentioned in Section 2, Paragraph 2, Nos. 1 and 2, must be stated.

Registration via the Danish Business Authority's Self-Registration Solution at www.virk.dk

Section 6. Notification in accordance with Sections 3, 4, or 5 must be made via the Danish Business Authority's self-registration solution at www.virk.dk.

Paragraph 2. Notification via the Danish Business Authority's self-registration solution at www.virk.dk, pursuant to Paragraph 1, must be carried out in accordance with what is stated in the self-registration system.

Paragraph 3. When notifying via the Danish Business Authority's self-registration solution at www.virk.dk, the user's digital signature or NemID is used, unless the Danish Business Authority determines otherwise.

Paragraph 4. If the Danish Business Authority has justified grounds to suspect that misuse of access to notification in accordance with this Order via the self-registration solution at www.virk.dk has occurred or will occur, the Authority is entitled to immediately close the user's access thereto.

Responsibility for Registration via the Danish Business Authority's Self-Registration Solution at www.virk.dk

Section 7. The person subject to the registration obligation may authorize a notifier to act as an attorney-in-fact on their behalf in relation to the Danish Business Authority and to make notifications, pursuant to Sections 3, 4, and 5, in the Danish Business Authority's self-service solution at www.virk.dk.

Paragraph 2. A notifier who reports a matter in the Danish Business Authority's self-registration solution at www.virk.dk is responsible for ensuring that the notification is lawfully made, including that proper power of attorney exists, and that the documentation in connection with the notification is valid.

Investigation of Management and Owners

Section 8. For the purpose of deciding whether the Danish Business Authority can register the notified company or person, pursuant to Section 58, Paragraphs 1-3, of the Act, the Danish Business Authority obtains criminal record certificates and, where necessary, court judgments, on the persons mentioned in Section 3, Paragraphs 2-3, in accordance with Section 22, Paragraph 1, No. 1, of the Order on Processing of Personal Data in the Central Criminal Register (the Criminal Register).

Paragraph 2. In cases where the documentation pursuant to Paragraph 1 is not issued by a Danish authority, the Danish Business Authority may permit the notifier to obtain a copy of the documentation themselves. In such cases, the Danish Business Authority may require that the documentation be translated and validated by a competent authority or another third party that provides the necessary security for the validity of the documents in a corresponding manner.

Registration

Section 9. Registration of the company or person and of changed information is carried out by the Danish Business Authority. When registration has been completed, confirmation of the registration is sent to the notifier, the registered person, and to the company, if the company is not the registered person.

Paragraph 2. The notified form of business may not commence before the registration has been completed.

Penalties

Section 10. Intentional or grossly negligent violation of Sections 3-6 and Section 9, Paragraph 2, is punishable by a fine.

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

Entry into Force etc.

Section 11. This Order enters into force on 1 January 2018.

Paragraph 2. Order No. 797 of 23 June 2017 on Notification and Registration of Providers of Services to Businesses in the Danish Business Authority's Register for Combating Money Laundering is repealed.

The Danish Business Authority, 15 November 2017

VICTOR KJÆR
/ Camilla Hesselby