3. The principal Regulations are amended by inserting, immediately after regulation 5, the following regulations:“Courses and training for persons who are individuals |
5A.—(1) For the purposes of section 28F(2)(c) of the Act —(a) | where an individual applies, on or after 15 November 2018, to be registered as a registered filing agent, the individual must not be registered as such unless he or she has, within a period of 2 years immediately before the date of the application for registration, successfully completed the AML/CFT course; or | (b) | where a registered filing agent who is an individual applies, on or after 15 November 2018, to renew his or her registration, the individual must not have his or her registration renewed unless he or she has, within a period of 2 years immediately before the date of the application for renewal of registration, successfully completed the AML/CFT course. |
(2) For the purposes of this regulation, an individual does not successfully complete the AML/CFT course unless he or she has also passed the AML/CFT test. |
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Courses and training for persons who are not individuals |
5B.—(1) For the purposes of section 28F(2)(d) of the Act —(a) | where a person that is not an individual applies, on or after 15 November 2018, to be registered as a registered filing agent, the person must not be registered as such unless there is, on the date of registration, at least one responsible individual of the person who has, within a period of 2 years immediately before the date of the application, successfully completed the AML/CFT course; or | (b) | where a registered filing agent that is not an individual applies, on or after 15 November 2018, to renew its registration, the registered filing agent must not have its registration renewed unless there is, on the date of renewal of registration, at least one responsible individual of the registered filing agent who has, within a period of 2 years immediately before the date of the application, successfully completed the AML/CFT course. |
(2) For the purposes of this regulation, a responsible individual of a person or registered filing agent (as the case may be) does not successfully complete the AML/CFT course unless the responsible individual has also passed the AML/CFT test. |
(3) In this regulation, “responsible individual” means —(a) | in relation to a person —(i) | that is a partnership or limited liability partnership, a partner of the person; | (ii) | that is a limited partnership, a general partner of the person; or | (iii) | that is a company, a director of the person; or |
| (b) | in relation to a registered filing agent —(i) | that is a partnership or limited liability partnership, a partner of the registered filing agent; | (ii) | that is a limited partnership, a general partner of the registered filing agent; or | (iii) | that is a company, a director of the registered filing agent.”. |
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