9 Amendments of Frances FITZGERALD related to 2021/0239(COD)
Amendment 184 #
Proposal for a regulation
Recital 36
Recital 36
(36) Technological developments and progress in digitalisation enable a secure remote or electronic identification and verification of prospective and existing customers and can facilitate the remote performance of customer due diligence. The identification solutions as set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council and the proposal for an amendment to it in relation to a framework for a European Digital Identity35 enable secure and trusted means of customer identification and verification for both prospective and existing customers and can facilitate the remote performance of customer due diligence. The electronic identification as set out in that Regulation should be taken into account and accepted by obliged entities for the customer identification process. These means of identification may present, the same level of risk as face-to- face onboarding, where appropriate risk mitigation measures are in place, a standard or even low level of risk. _________________ 35 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73) and the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity, COM/2021/281 final.
Amendment 228 #
Proposal for a regulation
Recital 72
Recital 72
(72) There is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements, which are often layered in complex structures to further obscure beneficial ownership. Trustees of any express trust administered in a Member State should thus be responsible for obtaining and holding adequate, accurate and current beneficial ownership information regarding the trust, and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. Any other beneficial owner of the trust should assist the trustee in obtaining such information. Account should be taken of the specific legal concept of the trust in Common Law jurisdictions and the fact that the beneficial owner may not always be identifiable, particularly in the case of secret, half-secret, resulting, or purpose/charitable trusts or that the number of beneficial owners may be so extensive that maintaining a full and complete register may not be feasible.
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – introductory part
Article 2 – paragraph 1 – point 7 – introductory part
(7) ‘trust or company service provider’ means any person that, by way of its business, provides any of the following services to publicly identifiable third parties:
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or express trust or similar legal arrangement, as well as any publicly identifiable natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted;
Amendment 324 #
‘payment account’ means an account as defined in Article 4, point (12) of Directive (EU)2015/2366 and distinguished from payment instruments.
Amendment 521 #
(a) the submission of the identity document, passport or equivalent and/or the acquisition of information from reliable and independent sources, whether accessed directly electronically or provided by the customer. Nothing limits the type of documents or information that obliged entities may have reasonable grounds to believe can be relied upon as confirmation and as evidence of identity;
Amendment 639 #
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) Taking a risk based approach, verify the identity of the customer and the beneficial owner after the establishment of the business relationship, provided that the specific lower risk identified justified such postponement, but in any case no later than 30 days of the relationship being established, in the business-wide risk assessment and the customer risk assessment justified such postponement;
Amendment 777 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In case of legal entities other than corporate entities, the beneficial owner(s) as defined in Article 2(22) shall be the publicly identifiable natural person identified according to paragraph 1 of this Article, except where Article 43(2) applies.
Amendment 909 #
Proposal for a regulation
Chapter VII – title
Chapter VII – title
VII Measures to mitigate risks deriving from anonymous instrumentproducts/services