Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

88.

Application for authorisation.

88.— (1) An individual, body corporate or partnership may apply to the Minister for an authorisation to carry on business as a trust or company service provider.

(2) The application shall—

( a) be in a form provided or specified by the Minister,

( b) specify the name of—

(i) the proposed holder of the authorisation,

(ii) in a case where the proposed holder of the authorisation is a body corporate or partnership or an individual who proposes to carry on business as a trust or company service provider as a partner in a partnership, any principal officer of the body corporate or partnership (as the case may be), and

(iii) any person who is, or is proposed to be, a beneficial owner of the business,

( c) be accompanied by any consent, in the form provided or specified by the Minister, that is required to enable access to personal data F88 [ ] held by other persons or bodies and that is required to assist the Minister in determining, for the purposes of section 89 (including as applied by section 92 ) whether or not the proposed holder and other persons referred to in paragraph (b) are fit and proper persons,

( d) contain such other information, and be accompanied by such documents, as the Minister requests,

( e) be accompanied by the prescribed fee (if any).

(3) The Minister may, by written notice given to an applicant, require the applicant to provide, within the period of not less than 14 days specified in the notice, such additional information and documents as are reasonably necessary to enable the Minister to determine the application.

(4) As soon as practicable after an applicant becomes aware that any information or document provided to the Minister under this section contains a material inaccuracy or has changed in any material particular, including information or a document provided in relation to an application that has been granted, but not including information or a document provided in relation to an application that has been refused, the applicant shall give notice in writing to the Minister of the error or change in circumstances, as the case may be.

(5) For the purposes of subsection (2)(e) (including as applied by section 92 ), the Minister may prescribe different fees, to accompany applications for authorisations under this Chapter, for different classes of proposed holders of those authorisations and in prescribing such fees may differentiate between the fee to accompany such an application for an authorisation (not being an application for the renewal of such an authorisation) and the fee to accompany an application for the renewal of such an authorisation.

Annotations:

Amendments:

F88

Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 213(c), S.I. No. 174 of 2018.

Editorial Notes:

E38

Fee prescribed in respect of application for authorisation made under section (15.07.2010) by Trust or Company Service Provider (Authorisation) (Fees) Regulations 2010 (S.I. No. 348 of 2010), in effect as per reg. 1(2).

E39

Procedure for and conditions pertaining to temporary authorisation in relation to a person who is a trust or company service provider prescribed (15.07.2010) by European Communities (Trust or Company Service Providers) (Temporary Authorisation) Regulations 2010 (S.I No. 347 of 2010), in effect as per reg. 2.