The authentication examination must be accomplished after "§ 154 of the tax code by everyone, who leads safe-deposit boxes for other accounts or deposits of securities, rented or values administered.

The examination includes owners of an account and authorized persons. The regulation introduced, so that fortunes cannot disappear under wrong name, and therefore during a tax inspection to be noticeable. Each account-prominent place has itself to therefore convince of the identity of the owners of an account and the authorized persons and hold this.

For private people the identity card or the passport with reporting confirmation is usually recognized as document of identification.

For legal entities the existence is proven on the basis a current excerpt from the trade register, register of associations, Genossenschaftsregister, partnership register with the respective district court or the donation register with the country or the governmental district. In the excerpt the correct name, under which the legal entity firmiert, appears seat and the names of the persons entitled to act as substitute (legal representatives).

For foreign legal entities the current excerpt from the local register can be consulted. In Austria this is the firm book with the district court, in the Netherlands the trade register at the Chamber of Commerce.

Wording "§ 154 AO

• (1) Nobody may open an account on a wrong or erdichteten name for itself or third or reservations makes to leave, valuable articles (money, securities, preciousnesses) in Verwahrung to give or pawn or a safe-deposit box to be given be able.
• (2) Who leads an account, takes valuable articles kept or as pledge or leaves a safe-deposit box, before certainty has itself over the person to provide and address of the order-entitled and the appropriate data in suitable form to hold with accounts on the account. It has to guarantee that it can give information at any time over it, by which accounts or safe-deposit boxes a person is order-entitled.
• (3) Against paragraph 1 one offended, then assets, valuable articles may and contents of a safe-deposit box only with agreement for the coming in and body-expensively of the responsible tax office to be given change.

Statement of the BA Fin over authentication examination from 30 December 1997

[...] With legal entities of the private or public right thereafter the reference to an official register or an official publication is sufficient. Finanzdienstleistungsinstitut has itself the existence of legal entities thus by collecting main of excerpts from the trade register to let prove the register of associations etc. [...] If Finanzdienstleistungsinstitut from important cause can make the identification not by his persons employed, can these in his order over reliable third, in particular

• A) over other institutes for financial service, credit institutes, insurance companies, which offer life insurances, notaries, the German post office AG (PostIdent service) or by a message and/or a consulate of the European Union states
• or b) over other reliable third in accordance with condition "§ of the 1 exp. 5 GwG take place. These are only active as executing aides of the further requiring institute. The responsibility for the normal and regarding the requirements "§ of the 1 exp. 5 GwG complete execution of the identification is incumbent on therefore requiring Finanzdienstleistungsinstitut. If other third in the sense letters of the b) for the identification of the customer to be consulted, Finanzdienstleistungsinstitut has itself to convince this third and the system of the information of employees created by it and/or the examination of the coworker reliability for the internal and external revision in principle with beginning of co-operation of the reliability comprehensibly.

Finanzdienstleistungsinstitut has to also carry ensuring that the persons used for identification are informed about the requirements, which are to be placed against the execution of the identification. Beyond that it is to be guaranteed that the recordings are conveyed Finanzdienstleistungsinstitut directly over the identification taken place. On the basis the conveyed documents Finanzdienstleistungsinstitut has to check whether a normal identification was made. In particular the incorrect Vornahme of customer identification can justify doubts about the reliability third.

Related links

• Information page over the conditions of on-line available German trade registers
• Statement of the BAFin
• Support with the procurement of trade register excerpts world-wide

Articles in category "Authentication examination"

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