ENGLISH KNOW YOUR CUSTOMER

LEGAL ENTITIES, PARTNERSHIPS & TRADERS

 

IDENTIFICATION AND LEGITIMATION

Under the provisions of Sec. 10(1) no. 1 GWG (German Money Laundering Act) in connection with Sec. 11(1) GWG and Sec. 11(4) no. 1 GwG, Arval Deutschland GmbH, as a leasing company, is required to identify the contracting party / lessee, the beneficial owner, and the person(s) acting on behalf of the contracting party.

The acting person(s) have to prove their identity by means of the POSTIDENT link received by them.

 

Acting person
A (natural) person acting on behalf of the contracting party is the person who pretends to act in the name of the contracting party / lessee. This does not require any physical presence on site (thus including, e.g., online business activities). This concept covers both the persons acting as authorized representative and legal representatives (e.g.: general managers / board members, authorized officers).
Acting persons include any natural person who signs contracts with Arval Deutschland GmbH on behalf of the contracting party / lessee.

Each acting person, except if he/she is a general manager or an authorized officer, is also required to present a "signed power of attorney” for legitimation.

In general, a power of attorney is retrieved from a general manager or an authorized officer or from an acting person who was authorized by a general manager or an authorized officer.

 

The contracting party / lessee is required by Sec. 11(6) of the GwG to cooperate and update these details. For documentation purposed as provided in Sec. 8(2) GwG, a copy of the relevant documents must be made and kept.

 


 

EDITING NOTES

We recommend that you perform the following steps in the order given for the purpose of the KYC verification. This will help you to perform the following actions:

 

  1. Identification of the acting person(s):
    Each person acting according to the above definition is required to proof his/her identify via the POSTIDENT procedure. Please use the following link: https://postident.deutschepost.de/identportal/wl?an=50229521453704
     
  2. Power of attorney:
    Please note that a power of attorney must be printed out and legally signed for each of the acting persons.

    Download Power of Attorney - PDF

    After the power(s) of attorney have been signed, please upload the document(s) to our web form. For this purpose, the section "Acting person" provides an upload function for uploading the document(s).

  3. Web form:
    Once the signed powers of attorney for all acting persons are available, please complete the web form.

Webformular

Details of the lessee / contracting party


Confirmation of the bank details

Note:
This confirmation serves to ensure that the bank details for the incoming and outgoing payments of your company conform to the these bank details and does not constitute an authorization to debit the lease payments.

 

Details of the beneficial owner

Pursuant to Sec. 10(1) no. 2 of the GwG in conjunction with Sec. 11(1) and (5) of the GwG, Arval Deutschland GmbH is required by law to obtain details of beneficial owners and to document these details in writing. Pursuant to Sec. 11(6) of the GwG, the customer is under a legal obligation to cooperate and update this data, where required.

Definition of beneficial owner (BO):
Within the meaning of the GwG, a beneficial owner is the natural person who ultimately owns or controls the contracting party, or the natural person at whose instigation either a transaction is ultimately executed or a business relationship is ultimately established.

All further explanations concerning the concept of beneficial owner and its application by Arval Deutschland GmbH can be found in the information sheet attached to this letter.

The company is listed on a regulated market within the meaning of Sec. 3(2) of the GwG and Sec. 2(5) of the German Securities Trading Act (WpHG) that is subject to transparency requirements concerning voting shares which correspond to Community law or equivalent international standards.

Note: Relevant details to be provided on the next page.

Note: Relevant details to be provided on the next page.

This means the legal representative, the managing partner or partner of the contracting party. Note: Relevant details to be provided on the next page.


Clarification of the PEP status

Arval Deutschland GmbH is further required under Sec. 10(1) no. 4 of the GwG to clarify the PEP status of its contracting parties and their beneficial owners. The contracting party is required under Sec. 10(1) no. 4 of the GwG in conjunction with Sec. 11(6) of the GwG to provide to Arval Deutschland GmbH the information necessary for this purpose and to notify Arval Deutschland GmbH immediately of any changes occurring during the course of the business relationship.

Definition of a Politically Exposed Person (PEP)
According to Sec. 1(12) of the GwG, a Politically Exposed Person (PEP) as defined by Sec. 10(1) no. 4 of the GwG means a natural person who is, or has been, entrusted with a prominent public function, or is a direct family member or known close associate of such a person. Further details concerning the PEP status can be found in the enclosed information sheet.

Beneficial owners (also applies to fictitious beneficial owners)

Further beneficial owners

Further beneficial owners

Any further beneficial owners of the contracting party must be specified in the form under the item “Further beneficial owners”.


Details of the acting person**

** Acting persons
Each acting person must be subjected to a Postident procedure with the corresponding power of attorney being uploaded. 

Further acting persons

Power of attorney of the acting person

The acting person is authorized by this form to act as an acting person as provided in Sec. 10(1) of the GwG with respect to Arval Deutschland GmbH.

For this purpose, the form must be signed by at least one person who is authorized to sign on the basis of the documents presented (extract from the official register or directory, from foundation documents or equivalent evidentiary documents). In addition, a copy of the list of authorized signatures or a copy of the identity document of the legal representative must be created.
 
For this purpose, please use the following PDF:
Power of Attorney of Acting Person - PDF


After the power of attorney has been signed, please upload the document for all acting persons using the button below.

Maximal 12 Dateien möglich.
32 MB -Obergrenze
Erlaubte Formate: pdf, doc, docx, odt, ppt, pptx, xls, xlsx.


Identifying the acting persons

For the identification, three options are available:
  

Verifying the acting person’s authorization

Pursuant to the provisions of Sec. 10 (1) no. 1 of the GwG, the authorization of the acting person must be verified.

(extract from the commercial register or equivalent evidentiary documents)


Sanctioned countries

Arval Deutschland GmbH is required to obtain information about the activities of customers in countries affected by sanctions imposed by the United Nations, the European Union, the USA, or Germany. Sanctions include a ban on directly or indirectly providing funds or economic resources to specific natural or legal persons, entities, or bodies.
This refers to the following countries:
Cuba, Iran, North Korea, Syria, and Crimea/Sevastopol (Crimea).

We therefore ask you to answer the following questions to the best of your knowledge and belief:


Third countries with a high risk

Arval Deutschland GmbH is required to obtain information about branches in third countries with a high risk.

This refers to the following countries (as of: 7 Dec 2020):
North Korea, Iran, Afghanistan, Bahamas, Barbados, Botswana, Ghana, Iraq, Jamaica, Yemen, Cambodia, Mauritius, Myanmar/Burma, Nicaragua, Pakistan, Panama, Zimbabwe, Syria, Trinidad and Tobago, Uganda and Vanuatu.
We therefore ask you to answer the following questions to the best of your knowledge and belief:
 


Note

Required identification documents for legal entities and partnerships:

The identification and verification process for the acting person has to be conducted by means of the PostIdent or VideoIdent procedure or in person on site by an employee of Arval Deutschland GmbH


Consents

I affirm that I have provided the above details to my best knowledge and belief. I am aware that this self-disclosure forms an essential basis for the acceptance of the contract and that false statements may lead to the rescission or immediate termination of the contract.

Arval Deutschland GmbH uses your personal data in order to:

  • comply with banking law and financial regulations:
    - taking security measures to prevent abuse and fraud;
    - detecting transactions that deviate from usual patterns;
    - monitoring and reporting risks to which we may be exposed.
  • respond to official requests from a competent government agency or judicial authority;
  • prevent money laundering and terrorist financing;
  • comply with sanction and embargo provisions;
  • clarify the PEP status;
  • combat tax evasion and comply with tax monitoring and reporting obligations;
  • prevent bribery and corruption;
  • prevent other criminal offences.

I hereby agree that my personal data (name, date of birth, place of birth, nationality, address) is processed by Arval Deutschland GmbH for the above purposes.

I agree to my data being sent via the web form to Arval, and I have been informed that my data is processed for the purpose of leasing vehicles from Arval. I was advised of the Arval Privacy Policy and have taken note thereof. I have the right to revoke this consent at any time without giving reasons with effect for the future. For this purpose, it is sufficient to send an email to kontakt@arval.de. The lawfulness of the processing based on the consent until revoked is not affected by the revocation.

The Privacy Policy in detail can be found 
here.

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