Detection of discrepancies by primary financial monitoring entities: where to report
On September 1, 2024, the Procedure for Notifying the Holder of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Discrepancies between the information on the ultimate beneficial owners and/or ownership structure of a legal entity received by the subject of initial financial monitoring as a result of due diligence and the information on the ultimate beneficial owners and/or ownership structure of a legal entity placed in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (hereinafter - the Notification Procedure) came into force (Order of the Ministry of Justice dated 12.07.
Thus, a mechanism for verification of information on the ultimate beneficial owner and ownership structure submitted by legal entities to state registrars for the relevant registration actions in respect of a legal entity and contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, provided for in part six of Article 5-1 of the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Arms Proliferation", has been introduced.
We would like to emphasize that the official website of the Ministry of Justice of Ukraine has created a section "Notification of the holder of the Unified State Register on discrepancies in the PFMS", which contains the encryption certificate and e-mail address provided for in paragraph 7 of the Notification Procedure, namely
► e-mail address of the Ministry of Justice of Ukraine for receiving notifications of discrepancies - spfm@spfm.minjust.gov.ua;
► certificate for sending encrypted messages to the Ministry of Justice of Ukraine;
The notification of discrepancies shall be executed in .xls format in the form specified in the Annex to the Procedure for Notifying the Holder of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Discrepancies between the information on ultimate beneficial owners and/or ownership structure of the legal entity received by the subject of initial financial monitoring as a result of due diligence and the information on ultimate beneficial owners and/or ownership structure placed in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations.
The form of the Notice of Discrepancies in .xls format for filling out electronically. To download the required form of the Notice of Discrepancy CLICK HERE.
Please note that if the information on the ultimate beneficial owner and/or ownership structure of a legal entity entered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations is found to be outdated, the Ministry of Justice takes response measures provided for in the Procedure for Bringing to Responsibility and the Procedure for Determining the Amount of Fines for Violations in the Field of State Registration of Legal Entities (Order of the Ministry of Justice No. 3258/5 dated 13.09.2023).
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