+SECTION 6 Reliance on customer due diligence performed by other obliged entities
---+Article 48 General provisions relating to reliance on other obliged entities
---+Article 49 Process of reliance on another obliged entity
---+Article 50 Guidelines on reliance on other obliged entities

SECTION 6 Reliance on customer due diligence performed by other obliged entities

SECTION 6 Reliance on customer due diligence performed by other obliged entities

1. Übersicht

Article 48 General provisions relating to reliance on other obliged entities

Article 48

General provisions relating to reliance on other obliged entities

1.   Obliged entities may rely on other obliged entities, whether located in a Member State or in a third country, to meet the customer due diligence requirements laid down in Article 20(1), points (a), (b) and (c), provided that:

(a)

the other obliged entities apply customer due diligence requirements and record-keeping requirements laid down in this Regulation, or equivalent when the other obliged entities reside or are established in a third country;

(b)

compliance with AML/CFT requirements by the other obliged entities is supervised in a manner consistent with Chapter IV of Directive (EU) 2024/1640.

The ultimate responsibility for meeting the customer due diligence requirements shall remain with the obliged entity which relies on another obliged entity.

2.   When deciding to rely on other obliged entities located in third countries, obliged entities shall take into consideration the geographical risk factors listed in Annexes II and III and any relevant information or guidance provided by the Commission, or by AMLA or other competent authorities.

3.   In the case of obliged entities that are part of a group, compliance with the requirements of this Article and of Article 49 may be ensured through group-wide policies, procedures and controls provided that all the following conditions are met:

(a)

the obliged entity relies on information provided solely by an obliged entity that is part of the same group;

(b)

the group applies AML/CFT policies and procedures, customer due diligence measures and rules on record-keeping that are fully in compliance with this Regulation, or with equivalent rules in third countries;

(c)

the effective implementation of the requirements referred to in point (b) of this paragraph is supervised at group level by the supervisory authority of the home Member State in accordance with Chapter IV of Directive (EU) 2024/1640 or of the third country in accordance with the rules of that third country.

4.   Obliged entities shall not rely on obliged entities established in third countries identified pursuant to Section 2 of this Chapter. However, obliged entities established in the Union whose branches and subsidiaries are established in those third countries may rely on those branches and subsidiaries, where all the conditions laid down in paragraph 3, are met.
Article 49 Process of reliance on another obliged entity

Article 49

Process of reliance on another obliged entity

1.   Obliged entities shall obtain from the obliged entity relied upon all the necessary information concerning the customer due diligence measures laid down in Article 20(1), points (a), (b) and (c), or the business being introduced.

2.   Obliged entities which rely on other obliged entities shall take all necessary steps to ensure that the obliged entity relied upon provides, upon request:

(a)

copies of the information collected to identify the customer;

(b)

all supporting documents or trustworthy sources of information that were used to verify the identity of the client, and, where relevant, of the customer’s beneficial owners or persons on whose behalf the customer acts, including data obtained through electronic identification means and relevant trust services as set out in Regulation (EU) No 910/2014; and

(c)

any information collected on the purpose and intended nature of the business relationship.

3.   The information referred to in paragraphs 1 and 2 shall be provided by the obliged entity relied upon without delay and in any case within 5 working days.

4.   The conditions for the transmission of the information and documents mentioned in paragraphs 1 and 2 shall be specified in a written agreement between the obliged entities.

5.   Where the obliged entity relies on an obliged entity that is part of its group, the written agreement may be replaced by an internal procedure established at group level, provided that the conditions laid down in Article 48(3) are met.
Article 50 Guidelines on reliance on other obliged entities

Article 50

Guidelines on reliance on other obliged entities

By 10 July 2027, AMLA shall issue guidelines addressed to obliged entities on:

(a)

the conditions which are acceptable for obliged entities to rely on information collected by another obliged entity, including in the case of remote customer due diligence;

(b)

the roles and responsibility of the obliged entities involved in a situation of a reliance on another obliged entity;

(c)

supervisory approaches to reliance on other obliged entities.

1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Related Standards

2. Identifizierte Anforderungen

Anforderungen

3. Related Standards

Standards
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