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Anti Money Laundering Declaration Form for Malta

Anti Money Laundering Declaration Form Template for Malta

A comprehensive declaration form designed to comply with Malta's anti-money laundering regulations and EU directives, specifically tailored to meet the requirements of the Prevention of Money Laundering Act (PMLA) and the Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR). This document captures essential information about the source of funds, beneficial ownership, and PEP status, while incorporating specific provisions required by the Malta Financial Services Authority (MFSA) and the Financial Intelligence Analysis Unit (FIAU). It serves as a crucial compliance tool for subject persons in Malta to fulfill their AML/CFT obligations.

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What is a Anti Money Laundering Declaration Form?

The Anti Money Laundering Declaration Form is a mandatory document required under Maltese law for various financial and non-financial institutions classified as 'subject persons' under the Prevention of Money Laundering Act. It is designed to gather crucial information about customers, their funds, and their activities as part of the customer due diligence process. This document must comply with both Malta's robust regulatory framework and relevant EU directives, including the 4th and 5th AML Directives. The form is typically used during customer onboarding, significant transactions, or periodic reviews, and helps institutions meet their obligations under FIAU guidelines. It includes declarations about source of funds, beneficial ownership, PEP status, and tax compliance, serving as a key tool in preventing money laundering and terrorist financing in Malta's financial system.

What sections should be included in a Anti Money Laundering Declaration Form?

1. Declarant Information: Basic identification details of the person or entity making the declaration, including full name, address, and registration numbers where applicable

2. Purpose of Declaration: Statement explaining the context and purpose of the AML declaration (e.g., account opening, specific transaction, periodic review)

3. Source of Funds Declaration: Detailed information about the origin of funds involved in the business relationship or transaction

4. Source of Wealth Declaration: Overview of the declarant's overall wealth sources and how their wealth was accumulated

5. PEP Status Declaration: Declaration regarding whether the individual is a Politically Exposed Person or related to one

6. Beneficial Ownership Declaration: Information about ultimate beneficial owners if the declarant is a legal entity

7. Tax Compliance Declaration: Declaration of tax compliance and confirmation that funds are not from illegal activities

8. Signature and Attestation: Final declaration of truth and accuracy, with signature, date, and witness requirements

What sections are optional to include in a Anti Money Laundering Declaration Form?

1. Enhanced Due Diligence Information: Additional information required for high-risk customers or transactions

2. Transaction Pattern Declaration: Expected pattern and volume of transactions, required for business relationships

3. Third Party Authorization: Details of any third parties authorized to act on behalf of the declarant

4. Cross-Border Activities Declaration: Additional declarations for customers involved in cross-border activities

5. Cryptocurrency Declaration: Special declarations for customers involved in cryptocurrency transactions

What schedules should be included in a Anti Money Laundering Declaration Form?

1. Schedule A: Supporting Documentation Checklist: List of required supporting documents that must accompany the declaration

2. Schedule B: Guidance Notes: Explanatory notes helping declarants understand their obligations and how to complete the form

3. Schedule C: Risk Assessment Framework: Framework used to determine the risk level of the customer or transaction

4. Appendix 1: Definitions: Detailed definitions of key terms used in the declaration form

5. Appendix 2: Acceptable Evidence of Source of Funds: List of documents accepted as evidence for source of funds declarations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions






























Clauses
























Relevant Industries

Banking

Financial Services

Insurance

Investment Services

Real Estate

Gaming

Cryptocurrency and Virtual Assets

Professional Services

Trust and Company Services

Remote Gaming

Payment Services

Investment Funds

Legal Services

Accounting Services

Relevant Teams

Compliance

Legal

Risk Management

Customer Due Diligence

Onboarding

KYC Operations

Financial Crime Prevention

Client Relations

Regulatory Affairs

Operations

Relevant Roles

Compliance Officer

Money Laundering Reporting Officer (MLRO)

Risk Manager

Legal Counsel

Company Secretary

Customer Due Diligence Officer

Onboarding Specialist

KYC Analyst

AML Specialist

Regulatory Affairs Manager

Client Relations Manager

Director of Compliance

Head of Risk

Financial Crime Prevention Officer

Due Diligence Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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