Collection or provision of funds or property to fund even if only partially, the crime of terror, terrorist attack or criminal offense, to support assistance of or actions leading to such a criminal offence, or to support a person or a group of persons preparing such a criminal offence. Actions leading to provision of remuneration or indemnification for crime of terror, terrorist attack or criminal offense to an offender which can enable or assist to commitment of such a criminal offence, or next of kin as defined by Criminal Code, or collection of funds for such a enumeration or indemnification. Financing proliferation of weapons of mass destruction (WMD). By financing proliferation of WMD is understood the collection or provision of funds or property to fund, even if only partially, person or group of persons conducting proliferation of WMD or to support proliferation of such weapons in any other way, contrary to the requirements of international law.
Actions to conceal illegal origin of any economic advantage arising from criminal activity with the aim of faking the impression that this economic advantage was acquired in accordance with law, Examples of such actions can be: conversion or transfer of property acquired from criminal activity, with aim to conceal or disguise its origin, or to assist a person committing criminal activity to evade the legal consequences of this person’s actions, conceal or disguise real origin of a source, place, movement of a property or handling or modification of rights with respect to a property, knowing that such a property was acquired from criminal activity. acquisition, possession, use or disposal of property, being aware of its origin from criminal activity. in a criminal confederacy of persons or other types of collaboration for actions stated above. It does not matter whether these actions were or will be committed entirely or partially on territory of the Czech Republic or abroad.
Non-transparent ownership structure
Situation when beneficial owner of a client cannot be determined from the following: a Commercial register statement, or similar register of a foreign entity country of origin which is not registered in the Czech Republic, if such a register is not available, then from an officially verified social contract or, other document, that would verify foreign entity’s establishment and contains all changes in foreign entity’s establishment, orfrom a verified source, trusted by the obliged entity.
Every action carried out by obliged entity with other entity, if this action leads to dealing with entity’s property or providing services to this entity.
Contractual relationship between an obliged entity and other entity. Its purpose is to deal with entity’s property or to provide services to this entity, if in the establishment of this contractual relationship (considering all circumstances), this will lead to recurring performance.
Transaction carried out under circumstances suspicious of money laundering or terrorism financing, or circumstances suggesting that the transaction is in any other way linked to terrorism financing, or any fact that could lead to such a suspicion. Suspicious circumstances can be e.g. abnormalities in client’s behaviour contrary to his usual behaviour or contrary to behaviour of similar type of clients.
Politically exposed person
a) a natural person who is or has been entrusted with a prominent public function with a national or regional importance, such as a Head of State, Prime Minister, Head of Central authority of State Administration and his deputy (Deputy, Secretary of State), a member of Parliament, member of a political party’s governing body, leader of local government, a judge of a Supreme Court, Constitutional Court or another highest judicial authority, whose decisions generally cannot be appealed against, Central Bank board member, a senior officer of the armed forces or army corps, their member or a member deputy, if it is a legal entity, a statutory body of a state controlled corporation, Ambassador or a Head of a Diplomatic Mission, or a natural person who administrates or has administrated in a similar function performed in another country, in a European Union institution or in an international organization,
b) a natural person, who is -a next of kin to a natural person listed in section a) -an associate or beneficial owner of the same legal entity, eventually an associate or beneficial owner of a trust fund or other legal arrangement without legal entity, as a person listed in section a), or is it known to obliged entity that this person is in any other close business relationship with a natural person listed in section a), or a beneficial owner of a legal entity, or a trust fund or any other legal arrangement without legal entity, which are known to obliged entity to be established in a favour of a natural person listed in section a).
A document issued by Public Administration body, which contains forenames and surname, date of birth, with a photo identification or other detail which can enable identification of a person, who claims to be its authorised user.
As a beneficial owner for the purposes of this Act is understood a natural person, which can effectively or legally, directly or indirectly make decisions in legal entity, trust or in any other legal arrangement without legal entity Is it understood that if conditions from first sentence are met, the beneficial owner is – in business corporations a natural person, that alone or together with other persons, that are acting in agreement with this person, has more than 25% of voting rights of this business corporation or has shares greater than 25 %; alone or together with other persons, that are acting in agreement with this person, controls the person referred to in paragraph 1; shall receive at least 25 % of business corporation gains, or is a member of a Statutory Body, Deputy of a legal entity in this body or in a position similar to a position of a Statutory Body member, in case the beneficial owner is not available or cannot be defined according to paragraphs 1 to 3, – in the case of Association, Public Service Company, Owners Association, Church, Religious Societies or other legal entity under the laws regulating the status of Churches and Religious Societies, a natural person, that has more than 25% of voting rights; shall receive at least 25 % of its funds, or is a member of a statutory body, deputy of a legal entity in this body or in a position similar to a position of a statutory body member, in case the beneficial owner is not available or cannot be defined according to paragraphs 1 or 2, – in the case of Foundation, Institute, Endowment fund, Trust Fund or other legal arrangement without legal entity, the beneficial owner is a natural person or beneficial owner of a legal entity, that is in a position of a: settlor, trustee, beneficiary, a person, in which favour was a Foundation, Institute, Endowment fund, Trust Fund or other legal arrangement without legal entity founded, if a beneficiary s not appointed, and 5. persons authorized to supervise over the management of a Foundation, Institute, Endowment fund, Trust Fund or other legal arrangement without legal entity.
Country of origin
For a natural person country of origin is a country to which is this person is a citizen and concurrently all other countries, where he is a resident or has a temporary stay status, For a legal entity with branches or majority-owned subsidiaries in countries, that are non-member states of the EU or EEC, country of origin is a country, where its registered office its based, For a legal entity that has no branches or majority-owned subsidiaries in countries stated above, country of origin is a country, where its registered office is based and concurrently all countries where branch offices or organisational units are based.