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AI Summary of 35. Special measures applying to business relationships.
This legislation mandates that a designated person must gather sufficient information regarding the purpose and nature of a customer’s business relationship prior to its establishment, as dictated by the risks associated with money laundering or terrorist financing.
Should the designated person fail to obtain such information due to the customer's non-cooperation, they must withhold services until compliance is achieved. Continuous monitoring of business relationships is required, particularly in line with regulations concerning the beneficial ownership of trusts and corporate entities, ensuring robust compliance to avoid penalties, which can include substantial fines or imprisonment.
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35. Special measures applying to business relationships.
(1) A designated person shall obtain information reasonably warranted by the risk of money laundering or terrorist financing on the purpose and intended nature of a business relationship with a customer prior to the establishment of the relationship.
(2) Subject to section 33(8A), a designated person who is unable to obtain such information, as a result of any failure on the part of the customer, shall not provide the service sought by the customer for so long as the failure continues.
(3) A designated person shall monitor any business relationship that it has with a customer to the extent reasonably warranted by the risk of money laundering or terrorist financing.