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2.2.3. Reporting and Recordkeeping

Effective from 7/6/2021

Unlike individuals, legal persons and arrangements can swiftly change fundamental elements of their identity, rendering information provided during the formation process obsolete. Legal persons and arrangements can also compartmentalize information about themselves so that no single individual possesses full information about the entity. Because legal persons and arrangements abused for ML/TF/PF may not engage in licit commercial activity and may be controlled by only a small number of closely connected individuals, there is little commercial rationale for such entities to maintain adequate books and records. Illicit actors take advantage of these features by purchasing already-established companies “off the shelf;” selling companies to new owners; changing the company name; or failing to maintain records of their ownership. These vulnerabilities can, to a certain extent, be mitigated through effective controls, such as:

 Legal persons and arrangements are required to promptly update the registering authority if their key information (including beneficial ownership) changes;
 Legal persons and arrangements are required to appoint a resident agent in the jurisdiction where they are established to respond to inquiries;
 Legal persons and arrangements are required to make annual financial reports to their registering authority and/or to undergo a regular audit and provide the audit report to their registering authority.