Resolution Coaf No. 41 of August 8, 2022 — Provides for the fulfillment of anti‑money laundering, counter‑terrorism financing and proliferation of weapons of mass destruction duties legally attributed to commercial or mercantile factoring companies, pursuant to § 1 of art. 14 of Law No. 9,613 of March 3, 1998, and related legislation

Factoring companies must adopt and maintain a written anti‑money laundering, counter‑terrorism financing and weapons‑of‑mass‑destruction proliferation policy that includes detailed internal guidelines, risk‑assessment procedures, governance structures and periodic (at least every two years) reviews, and must obtain administrative approval and disclose the policy to staff and relevant partners. They are required to perform internal risk assessments covering clients, the company, operations and personnel, classify customers according to risk, implement client due‑diligence procedures (identification, verification, classification, and beneficial‑owner identification with a maximum threshold of 25% ownership), and keep comprehensive records of all services and operations. Companies that belong to a conglomerate or economic group may satisfy these obligations with a single group‑wide policy and centralized risk assessment, provided the minimum content is met. Non‑compliance with the identification and qualification procedures constitutes an infraction.

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Resolution Coaf No. 041, of 08.08.2022

Provides for the fulfillment of anti‑money laundering, counter‑terrorism financing and proliferation of weapons of mass destruction duties legally attributed to commercial or mercantile factoring companies, pursuant to § 1 of art. 14 of Law No. 9,613 of March 3, 1998, and related legislation.

The PRESIDENT OF THE COUNCIL FOR THE CONTROL OF FINANCIAL ACTIVITIES – COAF, using the powers conferred by items II and IV of art. 9 of the Statute approved by Decree No. 9,663 of January 1, 2019, kept in force, in accordance with art. 9 of Law No. 13,901 of November 11, 2019, as compatible with Law No. 13,974 of January 7, 2020, makes public that the Plenary of the Council, in a session held between August 3 and 4, 2022, based on art. 8, items II, IV and V, of the said Statute and considering the provisions of arts. 9, sole paragraph, item V, 10, 11 and 14, § 1, of Law No. 9,613 of March 3, 1998, Law No. 13,260 of March 16, 2016, and Law No. 13,810 of March 8, 2019, resolved:

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Source: Conselho de Controle de Atividades Financeiras — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works