This post is also available in: Română
Hey, yesterday was Monday and ever since night in the head I started at CECCAR, I had some money to give them, and all yesterday, there was also a course with and about money laundering. I know, I always blow my helmet, the course is about preventing money laundering not about laundering, but I find it more funny to refer to it that way. After all, if you learn how not to wash them, you know how to wash them. In theory.
Stories with and about CECCAR
And I stand at the CECCAR at cashier, waiting to button the receipt lady and cash my money, look around and what do I see? On the wall they had some paintings of solar scenes from France on the Cote d’azur. I don’t know about you guys, but it hit me with a depression, then and there, which I hardly had to pull off by being on my day. The paintings, very realistic – will say someone who was there – they instantly transposed me on that road to the dusty country, where in the distance was clearly seen the sparkles of the waves and the boats coming out for a walk. And I was at CECCAR, paying taxes. Maybe I’m too sensitive and easily transposed into any fantasy – that’s all it took, a look at that painting – or maybe everyone feels it, I don’t know. But I’m telling you, it’s not pleasant at all, especially if you can’t control this ability.
CECCAR makes available to US complimentary
Coffee in the filter at every course, so sip one more mouth, trying to forget about Cote d’azur and get back on the ground, explaining in the meantime and to an accounting friend how to use recurring invoices in SmartBill (I swear there’s no sneaky advertisement in the middle , that’s exactly what happened!)
Meanwhile, Madam Secretary comes to the hall and announces that if we have not entered the course online, we cannot assist. I’m getting up, and I’m going to go find the list. Searching, searching, not finding. Obviously, I’m panicking, the lady says I can’t stay in class. I insist, she insists. And it tells us that the rules have become very strict, not even in the courses for professional training, not to think about coming without being enrolled in advance on the lists. He won’t take us into the hall, they won’t be considered the hours. So the opinion of those who want to go to class, without prior registration. The reason for this change is also new, as he explained to us a little later, even the president of the branch. We, the members, complained that we are sitting crowd in class, that we do not hear and understand anything because of the puhoiului of people. And then they conformed and made lists, automatics, which cannot be modified (as before) and which are automatically completed in the order in which we sign up. The seats are over, the list’s closed. No subjective human factor. Now we have to respect the new rules. Fair enough.
I sit panicked next to the list, looking for my name while signing other people, not to keep the tail in place. I really want to attend this class! At some point I see my name written by Luiza Radu instead of Radu Luiza-who would have thought of that? – and the emotion pulls the pen out of the hand of the person signing at the time and signing. You realize, that woman is going to be stuck with a horrible impression of a bad-bred one from CECCAR, who ripped her pen out of her hand for life! But sometimes, by emotion, I do (em) really crappy things. In fact, all day today has been full of excitement, maybe it hasn’t passed me since the earlier paintings. I’d like to know who that woman is and apologize for the gesture! I’m not pretending that Bucharest is reading me, but maybe this way, I get an apology.
About preventing money laundering – obligations and practical examples
The course was held even by representatives of the National Office for Preventing and Combating money laundering-that’s the full name – who accepted the CECCAR invitation to organize this course to fill us in on the obligations of the units Rapoartoare in this area.
Reporting entities and obligations
The rapporteur unit (the one with the obligations we are discussing) is the company (our client), who has the designated person, not the accountant. The accountant/Tax consultant becomes responsible only when he receives a empowerment in this respect (the enablement may be given by the contract of the provision of accounting services concluded with the customer). However, the accountant has the obligation to report the operations that are suspicious to him. Yes, there is in the law the definition of suspicious surgery: surgery that apparently has no economic, legal or unusual character, but it was discussed today that there was a high dose of subjectivity in assessing an operation as suspicious.
The reporting entities (our clients) have the following obligations:
- Designate a responsible person by submitting that notice that everyone knows
- To establish appropriate policies and procedures-we have been explained that we should establish a procedure whereby we determine what a high risk or minimum risk client means; For example, if the customer is from a high-risk country of terrorism or other types of crimes (e.g. Iranian), this criterion includes the higher risk clients list; The matrix should establish itself, exist and be presented in the control.
- To ensure proper training of employees
- To report transactions made with cash over 15,000 euro on a banking day, irrespective of whether the transaction is through one or more related transactions; Report Suspicious transactions
Transactions involving bank transfers are not reported . If the transaction is composed of two transactions, one with cash and another by bank account, the company reports only the operation with cash, because the bank reports the bank.
The reporting period shall be not more than 10 working days from the date of the transaction. Those who have such surgeries and have not reported them at all or have not reported them within the term, it is good to report, because a control will see good faith – we have been told that either they will not apply sanction, or they will apply a warning.
Example 1: If they deposit over 15,000 euros of the company’s house in the bank account of a company, the operation is reported to the office and by the company, because the deposit/lift operation consists of 2 operations: picking up from the cashier (this one I report) and depositing in The bank (this one reports the bank, I do not declare it).
Example 2: If I have different cashiers (different working points), for example a shop with several points of sale, if overall the amount deposited on the same day Bank of the house in the bank exceeds 15,000 euro, the company must report the operation.
Example 3: A company sells a real estate to a natural person and cashes money in one day for all; The transaction must be reported. If the transaction goes from the same contract but the money is fractioned, on different days, the transaction is not reported. So, it only reports what is cashed over 15,000 euros in 24 hours, i.e. on a banking day.
reporting of suspicious operations does not have the limit of amount (it must be reported and operations under the ceiling of 15,000 euro) and it does not have a 15-day deadline, is reported at once! The report of suspected operations contains information both about the transaction and the person who performs the transaction-the person who performs the transaction meaning the person with the right of legal signature in the bank, not the driver, the secretary who actually leads Money at the bank. The referrals are anonymous; The name of the person reporting suspicious operations does not appear in any document.
At the same time, we have been warned that we have an obligation to report not only to the Office for the Prevention of money laundering but also to ANAF, according to art. 61 Para 4 of the tax Procedure Code (To raise your hand who knew this one, that yesterday in the hall was quietly left to the word of the news).
In terms of sanctions, from what I have noticed, the office has the unique amount, meaning all sanctions are between 15,000 lei and 50,000 lei. The ladies kept telling us that if they found more misdemeanours, they would apply only one sanction-fine (so the fines will not be cumulated), and the rest will be given a warning.
obligation to know the clientele
We have the obligation as accountants, but also companies, as at the initiation of business relations, to apply measures of customer knowledge, to make a minimum of diligence to know who we are trading with. A minimum of diligence means for us accountants to have at least copies of the company’s acts, children bulletins administrators, and try as much as possible to know the real recipient of the sums, especially where we are talking about a company-type shareholders in the company in Company. Accountants also have the obligation to make a minimum of diligence to ensure that the person with whom they are talking and with whom he treats and concludes the contract has the right to represent the firm whose contabiliate you.
In conclusion, we recap
Designate a Resposabila person with the prevention of money laundering in your company, writes rules and procedures for customer framing in a risk class, report transactions with cash amounts over 15,000 euros made on the same day banking and Report the surgeries that look suspicious to you!
Don’t forget to subscribe to my channel Youtube, where lately I’m a lot more active.
Greetings and spores to prevent money laundering (or their washing, as appropriate)!
This post is also available in: Română