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It is registered

Ministry of Justice of Ukraine

July 11, 2023

No. 1168/40224

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, MINISTRY OF FINANCE OF UKRAINE

of July 10, 2023 No. 2513/5/378

About approval of the Procedure for transfer of the Unified State Register of Legal Entities by the holder, physical persons entrepreneurs and public forming of information on disagreements between the information about final beneficial owners and/or structure of property of the legal entity received by the subject of primary financial monitoring as a result of implementation of proper check of the legal entity and the corresponding information placed in the specified register and about the subject of primary financial monitoring which reveals such disagreements, in specially authorized body

(as amended on 22-03-2024)

According to provisions of the Law of Ukraine of December 6, 2019 No. 361-IX "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 2, 2014 No. 228, of the subitem 2 Items 3, of Item 8 of the Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, of subitems 1, 4 Items 3 of the Regulations on Public service of the financial monitoring of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 29, 2015 No. 537, for the purpose of providing reliable information about final beneficial owners in the Unified State Register of Legal Entities physical persons - entrepreneurs and public forming of PRIKAZYVAYEM:

1. Approve the Procedure for transfer of the Unified State Register of Legal Entities by the holder, physical persons entrepreneurs and public forming of information on disagreements between the information about final beneficial owners and/or structure of property of the legal entity received by the subject of primary financial monitoring as a result of implementation of proper check of the legal entity and the corresponding information placed in the specified register and about the subject of primary financial monitoring which reveals such disagreements, in specially authorized body which is applied.

2. To department of private law (O.'s Ferens) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

3. This order becomes effective since September 1, 2024.

4. To impose control over the implementation of this order on deputy ministers according to distribution of obligations.

Minister of Justice of Ukraine

D. Malyuska

Minister of Finance of Ukraine

S. Marchenko

 

It is approved:

First Deputy Minister of digital transformation of Ukraine

 

O. Vyskub

Chairman of Public service of financial monitoring of Ukraine

I. Cherkassky

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of Finance of Ukraine of July 10, 2023, No. 2513/5/378

Procedure for transfer of the Unified State Register of Legal Entities by the holder, physical persons - entrepreneurs and public forming of information on disagreements between the information about final beneficial owners and/or structure of property of the legal entity received by the subject of primary financial monitoring as a result of implementation of proper check of the legal entity and the corresponding information placed in the specified register and about the subject of primary financial monitoring which reveals such disagreements, in specially authorized body

1. This Procedure determines the mechanism of interaction between the Ministry of Justice of Ukraine which is holder of the Unified State Register of Legal Entities, of physical persons entrepreneurs and public forming (dalee-Ediny the state register), and Public service of financial monitoring of Ukraine, procedure and the procedure of the direction of information on disagreements between the information about final beneficial owners (dalee-KBV) and/or structure of property of the legal entity, received by the subject of primary financial monitoring (further - SPFM) as a result of implementation of proper check of the legal entity, and the corresponding data placed in the Unified state register (further - discrepancies), and about SPFM which reveals such discrepancies.

2. In case of obtaining by the Ministry of Justice of Ukraine from SPFM of the message on detection of disagreements the Ministry of Justice of Ukraine no later than the tenth working day of the month following after month in which information on detection of disagreements is transferred to it transfers this information to Public service of financial monitoring of Ukraine by sending through system of electronic interaction of executive bodies of the letter with addition of the archived files of messages which are protected by their directed enciphering with use of the certificate of enciphering of the receiver which is provided by public service of financial monitoring of Ukraine that makes impossible access for strangers to the corresponding materials.

3. In the letter of the Ministry of Justice of Ukraine to Public service of financial monitoring of Ukraine it is reported about the number of messages which sent to SPFM to the Ministry of Justice of Ukraine within the last month, without specifying of information which identifies the relevant SPFM. The ciphered archival files enclosed letter contain the archived folders with the notification SPFM on detection of disagreements transferred to the holder of the Unified state register by such SPFM in the form determined according to the legislation and also copies of materials and documents which were added by SPFM to the message.

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