FAQ
What do we do with the gathered documents and information? All information about the processing of personal data can be found on our website in [the Privacy Policy section](targetSelf:https://www.ayvens.com/en-cz/protection-of-personal-data/).How can I sign a contract using BankID? Foreigners with a Czech personal document with a machine-readable zone (including those from non-EU countries) can apply for a banking identity from their bank. For the list of banks issuing BankID for forigners, please visit the BankID website.
You can then use BankID to sign documents on your computer, tablet or smartphone.
**How do
I sign documents?**
1. We need your email address where you receive a link to sign the documents, and a phone number where you will receive a verification code.
2. Our staff will prepare all electronic documents and send them to you for signature.
3. You will receive an email with the link. After clicking on the link and entering the verification code from the SMS, the signed documents will be displayed.
4. You check the documents and click on the signature place on all the documents. Then click on the "Verify and Finalize" button.
5. The Bank iD login process will start (similar to logging into your data box or internet banking via Bank iD). Your bank's mobile app will prompt you to authorise signatures for all documents at once. You will confirm by electronically signing all documents.
6. After that, the signed documents will arrive back to us where they will be checked and signed by our staff.
7. Finally, you will receive an email with a link. After
clicking on the link and entering the verification code from the SMS, you can
download all the signed documents.
Why do we need a copy of your ID? We are part of the Ayvens Group. By the fact that Ayvens SA, of which the bank is a part, operates in the Czech Republic through us, we have become an obliged person under Act No. 253/2008 Coll., on certain measures against money laundering and terrorist financing, and we are obliged to respect and comply with the requirements of this Act. Therefore, we must also carry out the identification of our clients by the means described in this Act. Above is the description of how we carry out identification. We primarily need a copy of the ID for non-face-to-face identification unless you wish to use the simpler way, which is BankID.Why is an electronic signature not enough? Unfortunately, a qualified electronic signature alone cannot be considered as identification of a client in accordance to the Act because it does not contain the identification data that we are legally required to collect for identification and verification of the client. The law permits the use of a qualified electronic signature, but only if we verify them with the issuer of the electronic signature, i.e. we verify that the information provided by the client to us match the data on the basis of which the qualified electronic signature was issued. However, at the moment there is no technical solution or platform that would allow the verification of the data with the issuers of qualified electronic signatures.Who is the Ultimate Beneficial Owner (UBO)? The beneficial owner is defined by Act No. 37/2021 Coll., on the registration of beneficial owners.
Simply put, a beneficial owner is any natural person who ultimately owns or controls a business or legal arrangement. The law defines how to identify such a natural person (Section 4) and how to proceed in cases where it is not possible to clearly identify such a person (Section 5). The Act also defines organisations, such as schools or munucipalities, which do not have a beneficial owner (see Section 7 for a full list).
As a rule, a company is owned or controlled by any natural person who directly or indirectly
- owns a share in the company or has a share of voting rights greater than 25%,
- has the right to a share in the profits, other own resources or liquidation balance greater than 25%,
- exercises decisive influence in the company or companies which individually or jointly have a share in the company greater than 25%, or
- exercises decisive influence, i.e.
1. can make the decisions of the highest body of the company conform to their will, or
2. can appoint or remove a majority of the persons who
are members of the statutory body of the company.
Each person in the senior management of a company is its beneficial owner if no beneficial owner can be identified. The beneficial owner of a company shall be the beneficial owner of all companies in a subordinate structure of relationships in which decisive influence is exercised.
Who is Politically Exposed Person (PEP)? A politically exposed person is defined in Section 4(5) of the AML Act as follows:
1. a
natural person who is or has been in a significant public office of national or
regional importance (so-called national PEP), such as, in particular, the head
of state, the prime minister, the head of a central state administration body
and his deputy (deputy, state secretary), a member of parliament, a member of
the governing body of a political party, the head of a local authority, a judge
of the Supreme Court, the Constitutional Court or other supreme judicial body,
against whose decision, generally with exceptions, no remedy is available, a
member of the board of a central bank, a high-ranking officer of the armed
forces or corps, a member or representative of a member, if a legal person, of
the statutory body of a state-controlled commercial corporation, an ambassador
or head of a diplomatic mission, or a natural person who holds or has held a
similar position in another state, in a body of the European Union or in an
international organisation (so-called foreign PEP);
2. natural
persons connected to a person referred to in point (a) (so-called derivative
PEPs). These are:
- a close person,
- a partner or beneficial owner of the same legal person or trust, or
- a person who has any other close business relationship with such person, or
- a beneficial owner of a legal person or trust created
for the benefit of such person.
The list of national functions meeting the definition of PEP is published by the Financial Analytical Office in Annex 1 to its Methodological Guideline 7.