Introductory provision
Article 1 this regulation lays down detailed rules for
the application of the law (2009:62) on measures against money laundering
and the financing of terrorism.
Application to the Swedish companies Registration Office
section 2 of The notice of registration pursuant to Chapter 6. section 3 of the law
(2009:62) on measures against money laundering and the financing of
terrorism should be made in writing with the companies registration office.
If a foreign operator engaged in notifiable
operations in Sweden by the branch, the notice of
registration is made by the branch.
section 3 of a notification pursuant to section 2 of the will for natural persons include
indication of the first and last name, social security number, or
coordination number, registered address and notifiable
activity. If the registered address in Sweden is missing, the
the notification must contain the address in Sweden where the notifiable
the activities will mainly be carried out. For legal
persons and branches to such notification must indicate
If the company name, registration number and notifiable
activity.
The notification shall be signed by the person to be
the notified operation and for legal entities
of a Board Member, Executive Director or
General partner. For branches to a notification signed by the
the Chief Executive Officer of the branch.
section 4 If the person has made a registration does not have
followed it on the notification or if there is any
other things that prevent the registration, to the Swedish companies registration office shall submit to the
him to give an opinion on the matter or make correction within certain
time.
If the notification fails to comply with an injunction
referred to in the first subparagraph, the notification of information to be written.
If this should be included in the notice.
If even then the notifier has delivered an opinion are obstacles to
registration as a notifier has had the opportunity to be heard
over, to the Swedish companies registration office refuse the registration. If there is any reason
for it, may be really give it that has made the notification
opportunity to comment again before making a decision in
case.
Register of operators who reported activity under
law (2009:62) on measures against money laundering and the financing
of terrorism
section 5 of the companies registration office will be using the automated
data processing, keep a record of the physical and
legal persons that have made the notification under Chapter 6. paragraph 3 of the
law (2009:62) on measures against money laundering and the financing
of terrorism.
The Swedish companies registration office is personuppgiftsansvarigt for the registry as
personal data Act (1998:204).
6 section in the registry, the following information must be recorded on the
operators that have made the notification:
1. name and surname or business name,
2. social security numbers, coordination number or registration number,
3. notifiable activities, and
4. the supervisory authority.
section 7 of the registry should give the public the information that
included in the register. In the case of personal data to the registry
have the purpose to provide data for
1. the supervision to which provincial governments in Stockholm, West
Götaland and Skåne County to exercise according to law (2009:62) if
measures against money laundering and terrorist financing, and
2. informing the public of operators who have
entered in the register.
section 8 of the Swedish companies registration office to make sure that it does not arise from any
undue intrusion into the privacy of the data subject
or any risks from the point of view of safety. For these purposes
the Agency may in individual cases set conditions for
the processing of personal data.
9 § the Swedish companies registration office may, for the purposes set out in section 7 of the other
the paragraph on a case by case basis, decide on the direct access to the
the registry.
section 10 of the provisions of section 48 of the personal data Act (1998:204) about
damages applicable to the processing of personal data in accordance with
This regulation.
11 § in the case of rectification of personal data in the register shall
section 26 of the Administrative Procedure Act (1986:223) shall apply instead of
section 28 of the personal data Act (1998:204).
section 12 of the Swedish companies registration office shall, as soon as possible after the registration of the
information about an operator, or by change of
previously registered information, inform the relevant
the supervisory authority if the information has been entered or 2
been deleted from the register. Notifications may be made on the medium
for automatic processing.
12 a § in cases involving application for registration under
This regulation, the fee paid for the
processing, testing and registration, with 850 SEK.
Fee shall not be paid for notification of activities
ceased.
Fee must be paid when registration for registration is submitted.
Fee will not be refunded if any proceedings has
started. Regulation (2009:1417).
Coordinating body for the supervision of anti-money laundering
and the financing of terrorism
section 13 Of the financial supervision authority shall be a special
coordinating body for supervision with regard to the law (2009:62)
on measures against money laundering and terrorist financing.
section 14 of the coordination body shall
1. assume the overall responsibility for
regulatory authorities in terms of methods and
legislation as well as the evaluation and monitoring of the
supervision,
2. provide support to regulatory authorities in matters of education,
3. promote an effective cooperation between regulators
and the police in the case of operators
disclosure and supervisory
notification obligations,
4. interact with and provide support to the Government offices, and
5. initiate proposals for changes in legislation,
working methods and priorities in order to create a
more effective supervision in the field. Regulation (2014:1211).
section 15 the coordinating body shall be composed of representatives of
Real Estate Inspection, The Financial Supervision Authority,
Lottery inspection, the Audit Board and the county administrative boards in
Stockholm, Västra Götaland and Skåne County. Sweden's
bar associations should be given the opportunity to participate.
Regulation (2012:24).
Supervision
section 16 of the supervision of the observance of the law (2009:62) if
measures against money laundering and the financing of terrorism in
respect of activities referred to in Chapter 1. 2 section 11, 12 and 14-16 the same
law shall be exercised by the county administrative boards in Stockholm, West
Götaland and Skåne County.
County Administrative Board of Stockholm to supervise
the following operators:
1. legal persons based in Stockholm County
Södermanlands län, Gotland County, Sweden, Uppsala
counties, Jämtlands län, Västernorrland County, Sweden
and norrbotten County,
2. natural persons residing in Stockholm County
Södermanlands län, Gotland County, Sweden, Uppsala
counties, Jämtlands län, Västernorrland County, Sweden
and norrbotten County or, if the registered address is missing,
provide an address where the notifiable activities
mainly to be located in one of these
County, and
3. branches of foreign operators carrying out
notifiable activities in Sweden.
Västra Götaland County Administrative Board shall exercise supervision over the
the following operators:
1. legal entities established in Västra Götaland County, Sweden
Hallands län, Värmland County, Sweden with Örebro County, Dalarna County and
Gävleborg County, and
2. natural persons residing in Västra Götaland
län, Hallands län, Värmland County, Sweden with Örebro County, Dalarna County and
Gävleborg County or, if the registered address is missing, the
stated an address where the notifiable activities
mainly to be located in one of these
County.
The County Administrative Board Skåne County to supervise the following
operator:
1. legal entities established in Skåne, Blekinge County, Sweden
Kronoberg, Jönköping County, Kalmar county and Östergötland
County, and
2. natural persons residing in Skåne, Blekinge
County, kronoberg, Jönköping County, Kalmar county and
Östergötland County or, if the registered address is missing, the
stated an address where the notifiable activities
mainly to be located in one of these
County.
17 § When a regulatory agency has been notified of
The Swedish companies registration office that a notification under section 2 has been recorded,
the supervisory authority shall ensure that the operator
satisfies the conditions laid down in Chapter 6. section 5 of the Act (2009:62) on measures
against money laundering and the financing of terrorism. Such
control shall also be made when the regulator is informed
If a notice of changed conditions in accordance with Chapter 6. section 6 of the
the same law has been registered. The regulatory authority may also
carry out checks at other times if necessary.
Appropriations
in terms of section 18 of the Act (2009:62) on measures against money laundering and terrorist financing may finance inspectorate, Lottery inspection, real estate inspection and state provincial offices in Stockholm, Västra Götaland and Skåne County, for the operators who are subject to the respective regulatory supervision, provide for
1. measures for risk-based due diligence according to Chapter 2. 1 §,
2. basic measures for customer due diligence, in accordance with Chapter 2.
3 §,
3. derogations from the provisions concerning basic measures for customer due diligence, in accordance with Chapter 2. 5 §,
4. what countries outside the EEA which satisfies the conditions laid down in Chapter 2.
5 § 2 (b), 4 and 9 (b) and satisfy the conditions for application of the provisions on third party referred to in Chapter 2. paragraph 3 of the fourth paragraph,
5. enhanced customer due diligence measures pursuant to Chapter 2. section 6,
6. enhanced customer due diligence measures pursuant to Chapter 2. 6 a section,
7. risk assessment under Chapter 2. 7 (b) §,
8. measures for ongoing monitoring of the business relationship pursuant to Chapter 2. section 10 and how these should be documented,
9. how documents and data have been used to achieve due diligence should be preserved according to Chapter 2. section 13,
10. review and reporting in accordance with Chapter 3. 1 §,
11. retention of data for review and analysis of transactions referred to in Chapter 3. 1 (b) §,
12. the identification, risk assessment, procedures to be followed and the information and training to be provided to employees in accordance with Chapter 5. § 1, and
13. the necessary measures and procedures to protect employees in accordance with Chapter 5. 2 §.
The Swedish companies registration office may provide for the information to be provided to the Office in accordance with section 2.
Regulatory authorities shall consult the coordinating body at the Swedish financial supervisory authority for the supervision of anti-money laundering measures and the financing of terrorism before they announce the regulations referred to in the first subparagraph. Regulation (2015:273).