Chapter 1. Scope of application and definitions
The scope of the law
section 1 of this Act is to prevent financial
activities and other business activities are utilized for
money laundering or terrorist financing.
section 2 of this Act apply to natural and legal persons
driver
1. bank or finance operating under the Act (2004:297)
of banking and finance law,
2. life insurance business,
3. activities of the kind described in Chapter 2. section 1 of the Act
(2007:528) on the securities market,
4. activities that require registration or the application of
The financial supervision authority pursuant to the Act (1996:1006) if
obligation to respect certain financial activities or
Act (2004:299) of deposit operations,
5. insurance mediation under the Act (2005:405) if
insurance brokerage, in the case of such activities
life insurance, undertaken by other than tied
insurance intermediaries,
6. activities for the issuance of electronic money in accordance with the
Act (2011:755) on electronic money,
7. Fund operations under the Act (2004:46) about
mutual funds,
8. the activities of real estate agents with full
registration under the real estate Act (2011:666),
9. activities of casino games as Casino Act (1999:355),
10. activities approved, or certified, or
registered public accounting firm,
11. professional activities relating to accounting services, or
audit services but not covered by 10,
12. professional activity which consists in providing advice in
intention to affect the size of a tax or fee
(tax consultants),
13. professional activities as a lawyer or trainee
lawyer at the law firm, to the extent that the activities relate
services referred to in paragraph 3 of the first subparagraph,
14. professional activities as other independent counsel than that
referred to in 13, to the extent that the activities relating to the services
specified in section 3(1),
15. professional activities to the extent that the activities relate
services referred to in paragraph 3, second subparagraph, and
the responsible party is not a person referred to in
10 – 14,
16. professional trading in goods, to the extent that the business
concerning the sale for cash equal to at least
an amount equivalent to EUR 15 000,
17. activities to that payment institutions provide
payment services under the Act (2010:751) on payment services,
18. activities to provide payment services within the meaning of
the law on payment services without payment institutions,
19. alternative investment funds under
Act (2013:561) on alternative
investment funds, or
20. the business of consumer credit under the Act (2014:275)
If some activities with consumer credit.
Law (2014:278).
2 a of the provisions of Chapter 3. 1 (a), 4, 5 and 7 sections and Chapter 5. 1
and 2 sections shall apply to the operation of an auction platform for
emissions trading as a regulated market in accordance
with article 26 (1) of Commission Regulation (EU) no 1031/2010
of the 12 november 2010 timetable, administration and
other aspects of auctioning of emission allowances
greenhouse gases in accordance with European Parliament and Council
Directive 2003/87/EC establishing a scheme for trading in
for greenhouse gas emission allowance trading within the community.
Law (2012:376).
paragraph 3 of the Services referred to in paragraph 2 of the 13 and 14 covers
1. to act in a client's name on his behalf at the
financial transactions or transactions with real estate,
2. to assist in the planning or implementation of
transactions for a client's account at the
(a)) the purchase and sale of real estate or businesses,
b) management of the client's money, securities or other
assets,
c) opening or management of bank, savings or
investment accounts,
d) acquisition of the necessary capital for the creation, operation or
management of the company, or
e) creation, operation or management of companies, associations,
foundations or trusts.
Services referred to in paragraph 2 of 15 covers
1. formation of legal entities, sales of newly formed
joint-stock company and brokerage of Swedish or foreign legal
people,
2. the performance of the function of the Board or
corporate law, a partner in the trade or
limited partnership or any similar position in relation
to other legal entities;
3. provision of a registered office or a
postal address and related services to a legal
individual or a trust or a similar legal arrangement,
4. the administration of a trust or a similar legal
construction, and
5. function as a nominee shareholder for a real head male
Bill.
section 4 in respect of the activities referred to in paragraph 2 of the 1-7, 17, 19 and
the law also applies to 20 branches in Sweden to foreign
legal entities with headquarters abroad. Law (2014:795).
Definitions
section 5 of this Act means
1. business relationship "means a business relationship when
the contact is established, are expected to have an element of duration;
2. shell bank: a foreign institution which is registered
in a jurisdiction in which it is devoid of real
establishment and management and in which the institution nor included in the
a financial group falling within the scope of supervision,
3. EEA: European economic area,
4. Financing of terrorism: the collection, provision
or receipt of assets to be used
or with the knowledge that they are intended to be used to
commit such a crime referred to in section 2 of the Act (2002:444) if
punishment for the financing of particularly serious crime in
some cases,
5. customer: anyone who has entered into a contractual relationship with such
establishments or undertakings referred to in this Act,
6. money laundering: such measures
a) delinquent acquired possessions, which may lead to
the connection with the crimes hidden, to the brottslige,
the ability to evade legal sanctions or to
återskaffandet of property is made difficult, as well as such measures
that includes disposal and acquisition, possession or
use of the property,
b) with property other than that referred to in (a), if the measures are
designed to hide the fact that someone has enriched itself through criminal
deed,
7. politically exposed person:
a) natural persons who have or have had an important public
function of a State, and
b) the natural person who has or has had a feature of
the lead in an international organization.
8. beneficial owner: a natural person on whose behalf any
other person is, or if the customer is a legal person,
Anyone who exercises a dominant influence over the customer, and
9. "operator" means a natural or legal person who
carrying out the activities covered by this law. Law (2015:274).
5 a § With important public function in 5 § 7 a defined function
held by
1. the heads of State or Government, Ministers and Deputy and
Deputy Ministers,
2. members of Parliament,
3. the judges of the Supreme Court, the constitutional courts
or of other high-level judicial bodies whose decisions only
in exceptional circumstances, subject to appeal,
4. senior officials of courts of Auditors and members of
central banks ' governing bodies,
5. Ambassadors, heads and high-ranking officers in the
the armed forces, and
6. persons who are included in the State-owned enterprise management,
management or supervisory bodies. Law (2015:274).
Chapter 2. Customer due diligence
Requirements for risk-based customer due diligence
(1) an operator shall take measures to achieve
customer knowledge. The scope of these measures shall be adapted
After the risk of money laundering or terrorist financing.
In 4 and 5 §§ casino Act (1999:355), there are special
provisions for the verification of identity of Casino visitors.
Situations that require due diligence
section 2 of an operator should take basic steps
to achieve customer due diligence under paragraph 3 of
1. for the establishment of a business relationship,
2. in the case of occasional transactions amounting to an amount
equivalent to EUR 15 000 or more,
3. in the case of transactions that do not exceed a sum equivalent
15 000 euros, but can be assumed to be associated with one or more other
transactions and which together amounts to at least this
amount, and
4. in the event of uncertainty on the reliability or adequacy
of previously received information about the customer's identity.
If there is a suspicion of money laundering or the financing of
terrorism, the measures referred to in the first subparagraph shall be taken,
regardless of any derogation, exemption or threshold.
Basic customer due diligence
3 section With basic customer due diligence measures referred to
1. verification of the customer's identity through identity document;
extract from the register or in any reliable way,
2. verification of the beneficial owner, and
3. obtaining information on the purpose and the business relationship
art.
Operators shall for the purposes of the first subparagraph 2
investigate customer's ownership and control structure.
In addition to the measures laid down in the first paragraph, an operator
take steps to determine if the customer or the customer's
real Chief is a politically exposed person
position.
Operators may rely on the measures
carried out by a third party referred to in paragraph 4 to
achieve customer due diligence referred to in the first subparagraph, if the
operator shall, without delay,
1. get some of the information about the customer that the third party has
obtained, and
2. on request can get part of the documentation is to
the basis for the data. Law (2015:274).
4 section With outsiders in the third subparagraph of paragraph 3 referred to
1. natural or legal persons with activities listed
in Chapter 1. 2 § 1-3, 5-7, 17, 19 and 20, approved or
certified public accountants and lawyers resident in the EEA,
authorised or registered in a specific
professional register, or
2. natural or legal persons with activities listed
in Chapter 1. 2 § 1-3, 5-7, 17, 19 and 20, approved or
certified public accountants and lawyers established outside the
EEA, authorised or registered in a specific
professional register, if they apply the rules concerning the
customer awareness and conservation of documents which correspond to the requirements
in European Parliament and Council Directive 2005/60/EC of 26
October 2005 on the prevention of the use of the
financial system for money laundering and
the financing of terrorism and if there is enforcement of the
These rules are followed. Law (2014:795).
§ 5 the provisions on basic customer due diligence and on
ongoing monitoring of the business relationship in 3, 4 and
10 sections do not apply to
1. the Swedish authorities,
2. operators referred to in Chapter 1. 2 § 1-7 and 17-20,
and domiciled
(a)) in the EEA,
(b)) in a State outside the EEA, if the State has provided for
measures against money laundering equivalent to those provided for in
European Parliament and Council Directive 2005/60/EC of 26
October 2005 on the prevention of the use of the
financial system for money laundering and
the financing of terrorism and if there is enforcement of the
These rules are followed,
3. undertakings within the EEA whose transferable securities are admitted
to trading on a regulated market within the meaning of
European Parliament and Council Directive 2004/39/EC of 21
April 2004 on markets in financial instruments and on the
amending Council Directive 85/611/EEC and 93/6/EEC and
European Parliament and Council Directive 2000/12/EC as well as
repealing Council Directive 93/22/EEC,
4. undertakings outside the EEA whose transferable securities are
admitted to the corresponding trade and are covered by the corresponding
information obligation that companies under 3,
5. life insurance, if the annual premium amounts to a
amount not exceeding EUR 1 000 or the single premium
amounts to a sum equivalent to not more than 2 500 euro,
6. pension insurance pursuant to chapter 58. 4 – 16 §§
the income tax Act (1999:1229) that cannot be refunded,
7. pension agreements and pension rights for workers or in the
insured person's professional activity, whether payment is in the form of
deductions on wages and transfer of rights is not
allowed,
8. electronic money under the Act (2011:755) if
electronic money
(a)) if the monetary value that can be stored on an electronic
medium that can not load amounts to a maximum of 250 euros, or
b) in the case of electronic media that can be loaded, the
the currency traded in a calendar year does not exceed
2 500 EUR and a maximum of 1 000 euros may be redeemed during the same
period, or
9. when it comes to real principals behind the joint accounts
managed by lawyers and other independent legal professionals who
is domiciled
(a)) in the EEA, where data about the real head men's
identity can be made available on the operator's
request, or
(b)) in a State outside the EEA, where data about the real
head men's identity can be made available on
the operator's request, the lawyer or the
independent counsel subject to obligations equivalent to those
provided for in European Parliament and Council directive
2005/60/EC of 26 October 2005 on the
the use of the financial system for
money laundering and the financing of terrorism and if there are
enforcement of these obligations are met.
Law (2014:795).
Enhanced measures to achieve customer insight
Notwithstanding the provisions of paragraph 6 of section 5 to an operator
always take enhanced measures to achieve due diligence, if
the risk of money laundering and the financing of terrorism are high.
Such measures should be more comprehensive than the measures provided for in paragraph 3.
In the assessment, according to the first paragraph, the Special
attention is paid to the risks of money laundering or
terrorist financing that may arise with regard
1. products or transactions that could facilitate
anonymity, and
2. new products and business practices and the use of new
technology.
If the circumstances of the case do not show
to the contrary, the high risk of money laundering or financing
terrorism is considered to be
1. when a business relationship is established or a single
transaction carried out with someone at a distance, and
2. in the relations between a Swedish credit institutions and a
credit institutions established outside the EEA. Law (2015:274).
section 6 (a) Notwithstanding the provisions of section 5 to an operator
always take enhanced measures to achieve due diligence when
a business relationship is established or a single transaction
performed with a politically exposed person.
The first subparagraph shall also apply where the customer's real
the main one is a politically exposed person.
Law (2015:274).
section 7 With enhanced measures in accordance with paragraph 6 (a) referred to always
1. appropriate measures to find out where the
assets that are managed within the framework of the business relationship
or the single transaction will,
2. enhancement of the ongoing monitoring of the business relationship, and
3. to obtain approval from the competent decision-makers.
Law (2015:274).
7 a of the measures provided for in paragraph 3, third subparagraph, article 6(a) and 7 section shall also
apply to family members and close associates to
politically exposed persons.
With members of the family means spouse, registered
partner, cohabitants, children and their spouses, registered partners
or cohabiting couples and parents.
With known Associates referred to
1. any natural person who, according to what is known or is
reason to believe, in common with a person in political
exposed persons are real head of a legal person
or legal arrangement or otherwise, or
has had close links with a politically exposed person
position, and
2. the natural person who has sole beneficial owner to a
legal entity or legal arrangement which, according to what
is known or there is reason to believe, actually,
established in favor of a politically exposed person
position. Law (2015:274).
paragraph 7 (b) when a person has ceased to hold such functions
referred to in Chapter 1. 5 § 7, 6 (a) and paragraph 7 of section applied in at least
18 months and until the person is no longer considered
a risk of money laundering or terrorist financing.
When a person referred to in the first subparagraph shall no longer be considered
a risk of money laundering or terrorist financing, the
7 a § shall no longer apply to family members or known
Associates of the person. Law (2015:274).
section 8 With enhanced measures in accordance with paragraph 6, third paragraph 2 referred to
always
1. to gather enough information about the other party for
to be able to understand and evaluate its reputation and
the quality,
2. to assess the counterparty's controls to prevent
money laundering and the financing of terrorism,
3. to document the respective institution's responsibility to take
control measures and the measures it is taking,
4. to obtain approval from the competent decision-makers, and
5. to ensure that the other party has controlled
the identity of customers that have direct access to the accounts of
credit institution and continuous follow up these customers as well as
upon request, provide the relevant customer information. Law (2015:274).
Time for due diligence
section 9 Control of the customer and the beneficial owner
must be completed before a business relationship is established or a
single transaction is performed. Identity verification of
beneficiaries of life insurance need not be made
only in the context of the first instalment of
insurance compensation or when other right under
the insurance contract is exercised for the first time.
If it is necessary not to interrupt the business '
normal time and the risk of money laundering or the financing of
terrorism is low, the control on the occasion of a new
business relationship be made later than provided for in the first subparagraph but
However, should always be completed in close connection to
the connection has been established.
Ongoing monitoring of the business relationship
section 10 an operator to continuously follow the ongoing
business transactions by verifying and documenting that
the transactions are consistent with the knowledge
that the operator has on the customer, their business and
risk profile and, if necessary, where the customer's financial
funds will. Documents, data and information concerning
the control should be kept up to date.
Consequences of that due diligence is not achieved
section 11 of an operator shall not establish a
business relationship or carry out a single transaction if the
customer insight is not achieved. If the business relationship has already been
established under section 9 shall be terminated.
If conditions are such that money laundering or terrorist financing
of terrorism is suspected, the operator shall leave
information pursuant to Chapter 3. § 1.
The first and second subparagraphs shall not apply in the situations
specified in Chapter 3. 2 and 3 sections.
Branches and subsidiaries established outside the EEA
section 12 of the Operators referred to in Chapter 1. 2 § 1-7 and 17-20
shall apply the provisions on due diligence and the conservation of
documents referred to in Chapter 2. even for its branches and
majority-owned subsidiaries established outside the EEA, unless
established the law prevents this.
An operator shall take measures to effectively
managing risk of money laundering and financing of terrorism
If the provisions referred to in the first subparagraph cannot be
apply and notify the financial supervision authority if the
this. Law (2014:795).
Preservation of documents and data
section 13, an operator shall preserve for at least five years
documents and information on measures taken to
achieve customer insight. The time will be counted from the measures
performed or, in cases where a business relationship has
established, the business relationship ended.
Prohibition of anonymous accounts
section 14 of the Operators referred to in Chapter 1. 2 § 1-7 and 17-19
may not bring anonymous accounts or anonymous passbooks issue.
Law (2014:795).
Chapter 3. Reporting requirements
Reporting and auditing obligations
§ 1 the operator shall review the transactions to
able to detect such that it suspects or has reasonable
grounds to suspect, a step in money laundering or
the financing of terrorism.
If the suspicion remains after detailed analysis, data on
all circumstances that may indicate money laundering or
the financing of terrorism, without delay, be submitted to the
The police authority. If the property that the suspects
they relate is available from the responsible party to this
specifically, as well as details of the balances
the customer has with the operator and, where applicable,
information about the beneficiary of the transaction.
An operator shall refrain from carrying out transactions
as the suspect or have reasonable grounds to suspect is
part of the money laundering or terrorist financing. If
It is not possible to fail to perform a suspect
transaction, or if the further investigation would otherwise
be hindered, the transactions performed and information
left immediately afterwards.
At the request of the police authority, the operator or
the professional driver lotteries and gambling without
delay, provide all the information needed for an investigation into
money laundering or terrorist financing.
When the information has been provided in accordance with the second subparagraph, shall also
other natural or legal persons referred to in Chapter 1.
2 – 4 sections provide information for the investigation of money laundering
or terrorist financing authority.
Provisions on the obligation to provide data is also available in 14 a of the
Casino Act (1999:355). Law (2014:663).
1 a of for the purposes of article 55(2) of Regulation (EU) no
1031/2010 is the police authority FIU.
Law (2014:663).
paragraph 1 (b) an operator shall for five years keep data on
the review and analysis of transactions made pursuant to
section 1, second paragraph, first sentence. The time will be counted from the
that the transaction was conducted or from the
the operator refused to complete the transaction.
Law (2015:274).
section 2 of the Lawyers, attorneys at law firm and other
independent lawyers, approved and certified public accountants, and
tax advisers are not required to provide information under
1 § what entrusted to them when they defend or represent
a client in, or concerning judicial proceedings,
including advice on instituting or avoiding a
legal procedure. This applies regardless of whether they have received
information before, during or after such proceedings.
paragraph 3 of the Lawyers and trainee lawyers at the law firm, other
independent lawyers, approved and certified public accountants, and
tax advisers are not required to provide information under
section 1 of the information relating to a client and they
in connection with assessing the client's legal
situation.
Message ban
section 4 of the natural person, legal entity, its
Directors and employees shall not disclose to the customer
or to any third party that a review has been carried out
or that the data submitted under paragraph 1 or 7 or to
an investigation is being carried out or may be carried out.
The first subparagraph shall not preclude such a task left to the
a supervisor in a disciplinary case or any other matter
that justifies such a task is left.
section 5 of the natural or legal persons who provide data with
under paragraph 1 shall not be made responsible for having infringed
confidentiality, if the physical or legal person had
reason to expect that the task should be provided. The who
to supply information pursuant to article 7 may not be made
responsible for having infringed the obligation of secrecy. The same applies to
a member of the Board or an employee who submits data for
the natural or legal person's behalf.
In the case of the European company and the European cooperative that has such a
the management system referred to in articles 39 to 42 of the Council
Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute
for europabolag7 or articles 37-41 of Council regulation
(EC) No 1435/2003 of 22 July 2003 on the Statute for a European
cooperative society (SCE) 8 shall apply
the provision on the Board in the first paragraph on the Board of
the regulatory body. The same applies to the provision of
members of the Board in paragraph 4 If the notification ban.
The second paragraph of section 16 of the Act and section 22 (2004:575) on the European company
and paragraph 21 and section 26 of the Act (2006:595) about
the European cooperative society States that the provisions of the second subparagraph
shall also apply to members of an SE or an
European cooperative management or administrative organ.
In chapter 29. section 2 of the companies Act (2005:551), chapter 13. section 2 of the Act
(1987:667) on economic associations, Chapter 5. section 2 of the foundations Act
(1994:1220) and 37 § Auditing Act (1999:1079), see
specific provisions relating to the liability of the Corporation,
economic associations, foundations and some other companies.
Supervisory duty to notify
section 6, If a supervisor during an inspection of a physical
or legal person, or otherwise have discovered a
circumstance likely to be associated with or constitute
money laundering or terrorist financing, the authority shall
without delay inform the police about this.
Law (2014:663).
System for responding to requests
section 7 an operator referred to in Chapter 1. 2 § 1 – 7 and
17-20 should have a system to quickly and fully able to
provide information on whether those in the last five years
have had a business relationship with a particular person and, if so
would be the case if the nature of the relationship. Law (2014:795).
Outline the prohibition
section 8 if there is reason to suspect that the property in the form of
money, debt or other right is subject to
money laundering or intended for the financing of terrorism and
the property is located in an establishment or undertaking,
Police or security police decide that the property
or an equivalent value may be transferred until further notice
or distributed in any other way (outline).
Decision on the prohibition of the outline may be notified only if it is
danger in delay and it could reasonably be expected that the property
otherwise it will be removed and the reasons for the action
outweigh the infringement or otherwise which it entails.
If the conditions referred to in the first and second paragraphs are
met, the police authority to make decisions about
outline the prohibition even at the request of a foreign
FIU. Law (2015:443).
§ 9 a decision about disposition prohibition shall as soon as possible
be notified to the Prosecutor, who shall forthwith ascertain if the action
should be composed. The Prosecutor's decision cannot be appealed.
There are no longer grounds for action should it be lifted.
The measure expires after two working days elapsed from
Police or Security Police's decision, if it is not
been lifted before it.
The operator shall immediately be informed that a
action has been decided or been lifted.
Anyone who has been affected by a decision about disposition prohibition shall
be informed of the decision when it can be assumed that the purpose of a
determined or predicted action not be countered and the
future investigations will not be damaged if the information divulged. Decision on
notification issued by prosecutors. An intelligence need
is not provided, if the circumstances
obviously without significance. Law (2015:443).
Chapter 4. The processing of personal data
Scope of application
section 1 of This chapter shall apply in the case of operator's treatment
of personal data in order to prevent financial
activities and other business activities are utilized for
money laundering or terrorist financing. The chapter applies to
If the processing is wholly or partially automated or if
the personal data form part of a filing system or are intended to form part of a
structured set of personal data which is available
for searching or compilation according to specific
criteria.
Personal data Act (1998:204) applies at the operator's
the processing of personal data, unless otherwise provided by this
Chapter. Law (2015:274).
Sensitive personal data
2 § sensitive personal data referred to in paragraph 13 of
personal data Act (1998:204) may be processed only if it is
necessary in order to
1. assess whether the customer is a person referred to in Chapter 1. paragraph 5 of the
7 or 2. 7 a of the second and third subparagraphs,
2. preserving the documents or information referred to in Chapter 2. section 13,
3. meet the data and audit requirement of 3
Cape. Article 1, first subparagraph and second subparagraph, first sentence,
or
4. preservation of data pursuant to Chapter 3. paragraph 1 (b).
Law (2015:274).
Information to the data subject
3 § informed that personal data are processed in accordance with Chapter 3. 1 §
the first sentence of the second subparagraph shall not be disclosed to the
registered. Law (2015:274).
Works mail merge
section 4 an operator's records may not be run in conjunction with
corresponding records in another. Law (2015:274).
Rectification and indemnity
§ 5 When personal data are processed in accordance with this chapter shall
the provisions of §§ 28 and 48 personuppgiftslagen (1998:204)
shall apply mutatis mutandis. Law (2015:274).
Professional secrecy
paragraph 6 of The working of an operator may not
unauthorized disclosure of that data are processed according to section 2 or 3
Cape. section 1, second paragraph, first sentence.
Liability under Chapter 20. paragraph 3 of the criminal code should not follow the
that violates the prohibition referred to in the first subparagraph. Law (2015:274).
Chapter 5. Risk assessment, risk-based procedures, training and
protection of workers and the prohibition of links with
shell bank
Risk assessment, risk-based procedures and training
section 1 the Operator shall identify and assess the risks of
money laundering and terrorist financing in its operations.
The risk assessment should be documented and kept up to date.
Operators shall have risk-based procedures to
prevent business being used for money laundering or
the financing of terrorism and to respond to the employees
ongoing information and training
needed.
Where a natural person falling within the scope of Chapter 1. section 2, pushing his
activities as an employee of a legal person, shall
obligations to carry out a risk assessment and to maintain
procedures apply to the legal person. When it comes to
activities referred to in Chapter 1. 2 § 8 obligations should also
apply to the natural person. Law (2015:274).
Protection of employees
2 § the Operator should have procedures and take appropriate measures in
Moreover, as necessary to protect employees from threats or
as a result of hostile action to the review or
Reporting suspicions of money laundering or the financing of
terrorism.
Relationship with a shell bank
paragraph 3 of the Credit institution shall not establish or maintain
relationship with a shell Bank and shall ensure that such
relations nor is established or maintained with
credit institutions that allow their accounts used by such
banks.
Chapter 6. Supervision
§ 1 in respect of supervision of the operations referred to in Chapter 1. section 2 of the
11, 12 and 14 to 16 shall apply to this chapter.
Provisions on the supervision of any other activity referred to in 1
Cape. section 2 can be found in the laws governing these
operators.
section 2 of the Supervision is to prevent financial
activities and other business activities are utilized for
money laundering or terrorist financing. Through supervision
Verify that the business is run in accordance with this Act and the
regulations issued under the law.
section 3 of The who intends to carry out activities referred to in
Chapter 1. 2 § 11, 12 and 14 to 16 shall notify the
The companies registration office.
section 4 of the activities referred to in Chapter 1. 2 § 11, 12 and 14 – 16 may
do not operate if the notification referred to in paragraph 3 have not been made.
The supervisory authority shall submit to the operating
referred to in the first subparagraph without having notified this to do
notification. It is uncertain if there is obligation for
a given activity, the supervisory authority may impose
the person to provide the information about the activities that are needed
to assess whether that is the case.
If the person fails to comply with an injunction which has
adopted in accordance with the second subparagraph, the supervisory authority shall
order the person to cease operations.
Law (2015:274).
paragraph 5 of the materially breached
obligations in the course of trade, or who have made themselves
guilty of serious criminality may not engage in
activity that is notifiable under section 3. If
the responsible party is a legal person, does this apply
ban the person who has a qualifying holding of shares in the
legal entity or included in its management.
If the requirement referred to in the first subparagraph are not fulfilled by a
operators who have made a notification in accordance with paragraph 3,
the supervisory authority if
1. the business is run by a natural person, he shall submit to the
to cease operations,
2. the business is run by a legal person, submit to him
to make the correction and, if the correction is not made, submit to the
the person to cease operations, and
3. it is he who has a qualifying holding of shares in
the legal person which does not satisfy the requirement in the first
paragraph, submit to him to dispose of so much of the shares
or shares to its holding then is not qualified
or, if the holder is a legal person, to replace the
disqualified person in its management.
With a qualifying holding ' means the same as in Chapter 1. paragraph 5 of the
15 Act (2004:297) on banking and finance law.
Law (2015:274).
section 6, where a person who is subject to supervision under this chapter
become aware that changes have taken place in the circuit that has
a qualifying holding in the company or in its
management, the person shall notify the change to the
the supervisory authority.
section 7 of the regulatory authority may, in addition to that which follows from paragraph 4 of the
submit to the operator of the activity covered by this
Chapter to provide the information and give access to the
documents needed for supervision.
If an order referred to in the first subparagraph are not complied with, the
the supervisory authority shall submit to the operator to cease
with the business.
The supervisory authority may, whenever it considers it to be necessary,
conduct a survey of an operator who is
registered into Bolagsverket's registry. Law (2015:274).
7 a of the regulatory authority may also impose a
operator to make the correction, if the operator
violates a provision of this Act or a regulation
has been notified pursuant to this Act. If the correction is not made,
the supervisory authority may order the operator to
cease operations. Law (2015:274).
section 8 If a natural or legal person who is recorded in
Bolagsverket's register reports that business has been discontinued
or if it otherwise appears that that is the case, shall
the work, remove the person from the register.
§ 9 notice under this Act may be subject to a penalty.
paragraph 10 of the decision pursuant to paragraph 4, second subparagraph, second sentence, or paragraph 7 of
the first subparagraph may not be appealed.
Moreover, the decisions under this chapter shall be appealed to
General administrative courts. In such cases,
the regulator decide that the decision shall apply
immediately.
Leave to appeal is required for an appeal to the administrative court.
Law (2015:274).
Chapter 7. Section 1 of the liability provision to fine person who
intentionally or recklessly
1. override audit or obligation under
Chapter 3. paragraph 1, or
2. violate message prohibition in Chapter 3. 4 section.
Chapter 8. Appropriations
section 1 of the Government or the authority, as the Government determines
may provide for
1. measures for risk-based customer due diligence under Chapter 2. section 1,
2. basic customer due diligence measures pursuant to Chapter 2. section 3,
3. derogations from the provisions concerning basic measures
customer due diligence, in accordance with Chapter 2. section 5,
4. which 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 pursuant to Chapter 2. paragraph 3 of the fourth
subparagraph,
5. enhanced customer due diligence measures pursuant to Chapter 2. section 6,
6. enhanced customer due diligence measures pursuant to Chapter 2. 6 a of,
7. risk assessment under Chapter 2. 7 b,
8. measures for ongoing monitoring of the business relationship
According to Chapter 2. section 10 and how these should be documented,
9. what documents or information used to achieve
due diligence shall be preserved pursuant to Chapter 2. section 13,
10. review and disclosure of information as referred to in Chapter 3. section 1,
11. retention of data for review and analysis of
transactions referred to in Chapter 3. paragraph 1 (b),
12. the identification, risk assessment, procedures to be followed
as well as the information and education that should
be provided to the employees in accordance with Chapter 5. paragraph 1, and
13. the necessary measures and procedures to protect employees
According to Chapter 5. 2 §. Law (2015:274).
Transitional provisions
2009:62
1. This law shall enter into force on 15 March 2009, when the law
(1993:768) on measures against money laundering and the law (1999:163)
If laundering registers shall be repealed.
2. operators shall take measures to achieve
due diligence when it comes to business relationships that have
established before the entry into force, as appropriate
on the basis of an assessment of the risk of money laundering and
the financing of terrorism.
2015:274
1. this law shall enter into force on 1 June 2015.
2. For supervisory matters initiated prior to the entry into force
apply to Chapter 6. 4, 5 and 7 of the older wording.
3. The provision in Chapter 6. section 7 does not apply in respect of
supervisory matters initiated prior to the entry into force.
