Impact Of The Enhanced Regulatory Framework

The enhancements were implemented in order to comply with the recommendations made by Financial Action Task Force (FATF), an inter-governmental organization established in 1989. FATF sets global standards to prevent and detect money laundering and terrorism financing (MLTF). Singapore’s compliance with FATF recommendations will be assessed in second half of 2015.

Anti-social elements often use companies or other business entities to veil their illicit financial activities such as money laundering, tax evasion, terrorism financing etc. CSPs are at risk of being abused by such perpetrators to set up complex business structures to camouflage their clandestine activities. The aim of the enhanced framework is to ensure that the CSPs have failsafe systems and processes to prevent nefarious financial activities. The aim is also to enhance the professional standards of the industry in order to exalt the position of Singapore as an international financial centre and business hub.

加强监管框架下的最重要要求是注册申请代理人（FA）和合格人士（QI）。为企业和企业提供申请服务的实体和个人必须与ACRA进行新的注册练习。此类已注册实体和个人将不得不遵守该法案新的第VI A中所载的法律义务，并遵守第一份和第二份法规附表所施加的适用条款和条件。在新加坡注册的公司以及将在新加坡注册的公司将不得不为其CSP提供细节，以遵守新框架下的义务。

Registering as Filing Agents (FA)

Under the enhanced framework, entities are required to be first registered as FAs in order to provide statutory filing services to their clients using ACRA’s electronic filing service. Accordingly, entities that provide the following services are required to register as FAs:

• 公司成立/商业登bob软件记
• Nominee director/ secretary for a corporate
• 合作伙伴关系或类似服务
• 除了在新加坡交流中列出的公司以外的客户以外的提名股东服务
• 注册的办事处地址，商业地址或相关服务
• Any other statutory business services

In order to be registered as an FA, the entity must fulfil the following conditions:

• Must be registered with ACRA as a business, company, Limited Liability Partnership (LLP), or Partnership
• 如果是唯一的所有者，该人也必须是合格的个人（QI），或者在LLP或伙伴关系的情况下，至少有一个伙伴是QI或雇用或参与QI。

新的申请和续订应支付不可退还的2澳元的费用。

注册为合格的个人（QI）

• A Qualified Individual is a person who performs filing transactions with ACRA on behalf of clients. The following individuals would fall under the following categories:
• Advocate / solicitor
• 新加坡特许秘书和管理人员协会会员（SAICSA）
• 新加坡特许Accoun研究所的成员tants (ISCA)
• Members of Association of International Accountants
• Registered Public Accountants
• Members of Institute of Company Accountants
• 公司秘书代理人

It is important to note that after successful registration as a QI one cannot start filing transaction using the electronic systems. The registered QI can only do so if he is appointed, employed or engaged by a registered FA to act as its registered QI, or is a registered FA himself. Employees of the FA may carry out transactions under the supervision of the QI, and hence for this purpose, the QI must submit the particulars of such employees to ACRA electronically. A non-refundable fee of S$100 is payable for fresh applications and renewal.

FA和QI的一般资格

在个人的情况下，申请人必须是“适合和适当”的人，并且不得是未出发的破产或前囚犯。

在实体，直接或间接涉及其管理的董事或合作伙伴或个人必须是“适合和适当”的人，并且不能是未出发的破产或前囚犯。

除了上述要求外，申请人还必须满足其他资格和经验要求。申请人的专业行为和合规的历史将在批准前通过ACRA审查。

Upon successful registration, ACRA will issue the registered FA with a professional number, which has to be used by the registered QI, together with the registered QI’s authentication code, SingPass, in order to file transactions. Employees may file transactions under the registered QI’s supervision.

Transition of the CSPs to new framework

ACRA早些时候在2015年4月13日开始实施过渡练习。练习是为了促进公司服务提供商（CSP）的转型，通过选择注册作为提交代理人和合格的个人来促进加强框架。

Business entities that have been issued a Professional Number by ACRA to file transactions on behalf of the clients were known as Professional Number Holders. After the onset of the enhanced regulatory framework, such Professional Number Holders who opted to move to the new regime are now known as registered Filing Agents (FA). These FAs enjoy seamless transition to the new regime and continue to file transactions on behalf their clients via Bizfile using their existing professional number.

专业人数持有人的雇员或指定代理人被称为处方人员。当专业人士持有人转型到FA时，至少还需要一个和最多的一名规定人员，以使向新的增强制度作为合格的个人（QI）来转型，以便继续代表备案申请交易代理商。在2016年3月，致力于转型，享受过渡，享受费用豁免，直到他们各自的注册续约下降。

The Professional Number Holders who had decided to opt out from the transition to the new regime will no longer be able to file transactions with ACRA’s electronic transaction system as their registrations as Professional Number Holders and Prescribed Persons registrations have lapsed. However, if such entities eventually choose to register under the new regime, they may do so by filing a fresh application. An authorized representative must submit the application. An authorized representative is one who is already registered with ACRA as the Officer, Manager, Business Owner or Partner of the entity that is using the Professional Number. A non –refundable application fee of S$200 is payable.

提升框架下提交代理人的义务

一般来说，FAS必须采取措施：

• Identify and verify the identity of customers and agents
• 识别和验证有益所有者
• Conduct on-going monitoring of business relationships
• 采取基于风险的方法，对更高风险客户和政治暴露人员（PEPS）进行增强的尽职调查措施
• Appoint an internal audit function and appoint a compliance manager

Implications for companies registered / to be registered in Singapore

随着加强监管框架下的新义务，新加坡注册公司聘请的CSP将需要获取以下信息，如下：

• 全名，NRIM或护照号，个人客户的住宿地址和国籍
• 拟议公司的信息，包括其业务活动
• Full Name, NRIC or Passport number, Residential Address and Nationality of the Ultimate Beneficial Owner (“UBO”), Directors and Shareholders of the company
• Declaration that client is not a Politically Exposed Person (“PEP”)

csp在新加坡通常会要求most of the above stated information at the time of company incorporation. If such information were not requested earlier, then the Singapore registered companies will soon be requested to furnish details by their CSPs. In the event of failure to produce such details, your CSP may terminate their service agreements with you. If your CSPs do not approach you for additional information as stated above, they may lose their license, on the grounds of non-compliance, as part of the sanctions imposed by CSP Enforcement and Regulation Department (“CERD”). The CERD was established by ACRA to oversee the administration of the new regime and regulate the CSPs.

必须指出的是，非PEP的声明显然是最新的要求。A PEP是一个人或已被政府委托突出的公共功能。该术语还包括家庭成员和此类个人的密切联系人。由于与他们的立场及其影响相关的特权，认识到许多PEP在潜在滥用的位置，以便犯下洗钱（ML）罪行和相关罪行，包括腐败和贿赂，以及进行与恐怖主义融资有关的活动（TF）。这一新要求并不意味着CSP必须避免与PEP进行业务关系，但必须履行额外客户尽职调查的义务，以防止任何金融弊端。

关闭注

With the proliferation of financial offences and terrorism financing there is a global drive to clamp down all potential channels that are susceptible to abuse. Therefore CSPs have been identified as vulnerable channels, and are now being subjected to strict regulations like financial institutions regulated by Monetary Authority of Singapore (MAS). The objective of the highly regulated landscape is to flush out financial offence and terrorism financing, while promoting a healthy ecosystem where businesses thrive.