Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

106G

F159[Application for registration

106G. (1) An individual, body corporate or partnership may apply to the Bank to be registered under this section.

(2) An application for registration under this section shall—

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

(b) specify the name of—

(i) the applicant,

(ii) in a case where the applicant is a body corporate or 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 applicant,

(c) specify the address at which the business of a virtual asset service provider is proposed to be carried on,

(d) contain such other information, and be accompanied by such documents, as the Bank may reasonably request including, for the purposes of the Bank assessing whether persons referred to in paragraph (b) can comply with the provisions of Part 4 and are fit and proper persons, such information and documents as the Bank may reasonably require relating to the steps taken by the applicant to ensure that those persons are fit and proper persons and the process of verification carried out by the applicant for the purposes of so ensuring, and

(e) be accompanied by such fees as are payable in accordance with section 32E of the Act of 1942 in respect of the performance by the Bank of its functions under the Act of 2010.

(3) For the purposes of assessing whether a beneficial owner is a fit and proper person, the Bank may request the person by notice in writing to attend before a specified officer or employee of the Bank for interview.

(4) Nothing in this section or any notice given by the Bank under this section requires a person—

(a) to produce to the Bank a document that the person could not have been compelled to produce to a court,

(b) to give to the Bank information that the person could not have been compelled to give to a court, or

(c) to answer a question (either in writing or at interview) that the person could not have been compelled to answer in a court.

(5) The Bank 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 Bank to determine the application for registration.]

Annotations:

Amendments:

F159

Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 25, S.I. No. 188 of 2021.