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Amending Article 5 Of The Federal Law "on Banks And Banking Activities" And Article 7 Of The Federal Law "on Counteracting The Legalization (Laundering) Of Proceeds Received By Criminal Way And Terrorism Financing"

Original Language Title: О внесении изменений в статью 5 Федерального закона "О банках и банковской деятельности" и статью 7 Федерального закона "О противодействии легализации (отмыванию) доходов, полученных преступным путем, и финансированию терроризма"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Article 5 of the Federal Law "On Banks and Banking Activities" and Article 7 of the Federal Law on Counteracting legalization (laundering) of proceeds of crime, and the financing of terrorism " adopted by the State Duma on June 10, 2016 Approved by the Federation Council on June 15, 2016 Article 1 Part Two of Article 5 of the Federal Law "About banks and banking" (in the Federal Law "Opening by credit organizations of bank accounts of individual entrepreneurs and legal entities registered under the laws of the Russian Federation (excluding bodies)" State authorities and local authorities), branches (offices) of foreign legal entities are provided with information on the state registration of natural persons as sole proprio entrepreneurs, State registration of legal entities, accreditation of affiliates (s) foreign legal entities, on the registration in the tax authority contained in the single state register of individual entrepreneurs, the single state register of legal persons and the state Register of accredited subsidiaries, representation of foreign legal persons. ". Article 2 Article 7 of the Federal Law dated August 7, 2001 No. 115-FZ " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3418; 2002, No. 44, Text 4296; 2004, No. 31, sect. 3224; 2006, No. 31, sect. 3446; 2007, No. 16, est. 1831; No. 49, sect. 6036; 2009, No. 23, est. 2776; 2010, No. 30, sect. 4007; 2011, No. 27, sect. 3873; No. 46, sect. 6406; 2013, No. 26, sect. 3207; No. 52, sect. 6968; 2014, No. 19, est. 2315; no. 23, sect. 2934; No. 30, sect. 4219; 2015, No. 1, est. 37; No. 18, sect. 2614; No. 24, sect. 3367; No. 27, sect. 3945, 4001; 2016, No. 1, st. 27, 43, 44) the following changes: 1) in paragraph 1: (a) paragraph 3 of subparagraph 1 should read as follows: " with regard to legal entities-name, organizational and legal form, identification number the taxpayer or the code of a foreign organization, for legal persons registered under the laws of the Russian Federation, also the main State registration number and address of the legal entity, for legal persons, in accordance with the law of State, also the registration number, place of registration and address of the legal entity in the territory of the State in which it is registered; "; b) in 1-1 of the word" clients ", replace by" customers. The nature and scope of these measures shall be based on the level (level) of the risk of transactions by clients in order to legalize (laundering) the proceeds of crime or the financing of terrorism; "; (2). editions: " 5. Credit organizations are prohibited from: to open and maintain accounts (deposits) on anonymous owners, i.e. without opening an account (contribution) by a natural or legal person, a foreign entity without forming a legal entity the documents and information needed to identify it, and to open and maintain accounts (deposits) to owners who use fictitional names (aliases); open accounts (deposits) to customers without the personal presence of an individual, of the opening account (contribution) or of the client's representative, except in the case of as provided for in this Federal Law; to establish and maintain relations with non-resident banks not present in the territories of the States in which they are registered, permanent authorities; conclude a bank account (deposit) with the customer in case of a failure by the client, the client representative of the documents and information required to identify the client, the customer's representative in the cases established by this Federal by law. However, the credit institution's account (s) of the account (s) of the customer's account (s) without the personal presence of the opening account (s) of the person or representative of the client does not apply in the event that this is the case The client has previously been identified by the same credit institution with the personal presence of a natural person or in the presence of a representative of the client, as well as in the case provided for in paragraph 7 of this paragraph, and is being serviced in the credit institution in which the account (s) is opened and in relation to It shall, subject to the periodicity established by paragraph 1 (3) of this article, be updated with the exception of the occurrence of a credit institution with respect to the client or its representative or in respect of the transaction with the money The funds of this client are suspected of being linked to the legalization (laundering) of proceeds of crime or the financing of terrorism. The credit organization is entitled to open a bank account to a client, a legal entity established in accordance with the laws of the Russian Federation, without the personal presence of its representative in the case of such a representative The right, without power of attorney, to act on behalf of a legal person and a natural person, has been previously identified by the credit institution in which the account is opened and is in service in the credit institution, and also with regard to it, taking into account the periodicity set out in subparagraph 3 paragraph 1 of this article shall be updated. In the case provided for in paragraph 7 of this paragraph, the credit institution is entitled to use the documents and information obtained from the identification of the client concerned in order to identify the representative of the legal entity. the physical person and the updating of the physical person. A Credit Organization is prohibited from opening a bank account to a legal person without the personal presence of his or her representative if there is a suspicion that the opening of such a bank account is carried out for purposes the legalization (laundering) of proceeds of crime, or the financing of terrorism, or in the case of a person having the right to act on behalf of a legal entity and (or) its beneficial owner (1 of its beneficial owners), and (or) its participant (one of its beneficiaries) ), with the exception of a shareholder, who is a legal entity and holds more than 25 per cent of the capital of the legal entity to which the bank account opens, is: a person included in the list of organizations and individuals, of whom there is evidence of their involvement in extremist activities or terrorism, or by an organization or a natural person, for whom the interministerial coordinating body is engaged in counteracting to the financing of terrorism, freezing (freezing) a person for whom the credit institution has information on the application of the measures referred to in paragraphs 5 to 2 and (or) 11 of this article; A single State register of legal entities has been recorded on the lack of credibility of the legal person. "; 3) paragraph 5-4, add the following paragraphs to the following paragraphs: " Organizations carrying out transactions with money or other property, may use the client's The identification and/or updating of the information in the form of an electronic document signed by a reinforced electronic signature. To conduct the identification of a legal person when opening a bank account without the personal presence of his or her representative in the case set by paragraph 7 of paragraph 5 of this article, the client shall submit the documents and Information in the form of an electronic document signed by its enhanced electronic signature. When confirming the authenticity of customer identification, beneficiary, beneficiary, beneficial owner, as well as updating information about them State register of individual entrepreneurs, State register of accredited subsidiaries and foreign offices, use information from the State Register of Individual Entrepreneurs, the State Register of Accredited Brande organizations and other information systems The State authorities of the Russian Federation and State extrabudgetary funds, including those received in the form of an electronic document signed by a strengthened qualified electronic signature. "; 4) in paragraph 14 of the phrase" Beneficiation and beneficial owners "shall be replaced by the words" of their beneficiaries, founders (participants) and beneficial owners ". Article 3 This Federal Law comes into force on September 1, 2016. President of the Russian Federation Vladimir Putin Moscow, Kremlin 23 June 2016 No. 191-FZ