Administrative law /

CRBO malfunction! What about the deadline of July 13, 2020 for filing the application?

On 13 and 14 July, the Ministry of Finance informed about not counting the period of failure until the deadline for notification. In accordance with Article 60 (3) second sentence of the Act on Counteracting Money Laundering and Financing of Terrorism, the period from the moment of the occurrence of a breakdown or disruption indicated in the information published in the Public Information Bulletin on the website of the office servicing the minister in charge of public finance until the information on their removal is published shall not be included in the course of the deadlines.

The problem is that only companies registered after October 13, 2019 can wait calmly for the removal of the failure. All other companies, i. e. entered in the National Court Register earlier, in accordance with art. 195 Acts notify information on the actual beneficiaries within a fixed period of 9 months from the date of entry into force of the provision, extended by the state of the epidemic, i. e. by July 13, 2020. Article provision 60 (3) does not take into account the companies listed in art. 195.

Since the legal situation of the companies referred to in Article 195 of the Act is uncertain due to the failure, we suggest taking screenshots to confirm the unsuccessful attempt to report beneficiaries to the register by July 13 inclusive. Hopefully, this will demonstrate a lack of guilt in any investigation and a waiver of punishment. We would like to remind you that the late adopters who do not meet the extended application deadlines may be charged with a fine of as much as one million PLN.

If the failure is not reported in accordance with art. 60 (3) of the Act or not, the notification should be made immediately after the relevant BIP is informed about the removal of the failure.

Author team leader DKP Legal Piotr Glapiński
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