HeroAYVENS

Know your customer

General information

Our company is part of the multinational financial group Ayvens, which now also includes a banking institution. Ayvens financial group is subject to supervision by European supervisory authorities and must comply with European legislation governing the operation and management of financial institutions. All companies that are part of the Ayvens group, including Ayvens s.r.o., must comply with the same regulatory requirements as they are also subject to this supervision on a consolidated basis. With regard to our affiliation in the Ayvens financial group, our company is among the obliged persons under the Act No. 253/2008 Coll., on Certain Measures against the Legalization of the Proceeds from Crime and the Financing of Terrorism (the "Act"). Thus, we must comply not only with the requirements of this Act, but also with our Group's regulations and rules governing money laundering and terrorist financing.

Some of these requirements have an impact on our clients, especially at the beginning of the business relationship when we carry out client identification. The whole process of client identification and control is commonly known as KYC (Know Your Customer).

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Know your customer (KYC)

The process of client identification and control is often referred to as KYC (Know Your Customer). Before establishing a business relationship, we need to carry out customer identification and control in accordance with Act No. 253/2008 Coll. This means that we will need a number of information and documents from you to meet the legal requirements. The scope of information to carry out proper identification is described in the Act, mainly in Section 5.

Identification is done at the beginning of the business relationship. This process will not usually be repeated the next time you contact our staff. However, if you will be working with our company over a long period of time, we may ask you from time to time to confirm the validity of the information you provided to us within the initial identification.

How do we identify the client?

We always identify the client before establishing a business relationship in accordance with the requirements of the Act. After the initial identification, the client can sign further contracts physically, using BankID, or via a qualified electronic signature without the need for re-identification.

Face-to-face identification Section 8 of the Act specifies how the client is to be identified in more detail. The client is identified by our staff during a face-to-face meeting by asking for and taking a copy of the client's ID. In case the client does not agree with making a copy of the ID or it is not possible to make a copy, our employee transcribes the information from the ID into a prepared form, which is then signed by both the client and our employee. In case the client is a legal entity, we must identify not only the legal entity itself (we can get the information from the Commercial Register), but we also have to identify the natural person acting on behalf of the legal entity (i.e. signs the contract). To perform the proper identification of the legal representative according to the Act, we also need the data that the Commercial Register does not contain (e.g.: place of birth, permanent or other residence, number and type of identity card, etc.). Therefore, when identifying the legal representative (managing director or person acting under a power of attorney), we will also need his/her ID. Since it is not always possible or very difficult to make the identification in the physical presence of both parties, the law describes other ways to make the identification remotely.Non-face-to-face identification One of the ways to identify a natural person is to use a bank identity (Section 8a of the Act). The client/person acting on behalf of the client can sign a contract using BankID. We will not require any other documents or information from the client / person acting on behalf of the client in such case. Another option is a mediated identification according to §10 of the Act, when the client is identified by a notary or a contact point of the public administration (e.g. Czech Point), who issues a document about the identification, with copies of those parts of the documents that were used for the identification as an attachment. The client must then provide us with such a document. Third option of remote identification is identification according to the procedure described in Section 11 (7) of the Act, where the client / person acting on behalf of the client sends us copies of the relevant parts of the identity card. After the initial identification, the client can sign further contracts physically, using BankID, or via a qualified electronic signature without the need for re-identification.

What kind of information and documents do we need? 

Natural person The list of identification data we are required to obtain is set out in Section 5(1)(a) of the Act. We collect this information through a pre-contractual form available on our [website](targetSelf:https://www.ayvens.com/en-cz/lp-seznampodkladu-en/). By completing this form, you provide us with the basic information necessary to identify you in accordance with the Act. If you are completing the pre-contractual form yourself, without the presence of our employee who could check the information you have filled in against your ID, we will also need a copy of your ID and we will ask you to make a crown payment (payment of CZK 1,-) from the account you declare on the pre-contractual form. We will then return this payment to you. This is the same procedure as described in section 11(7) of the Act. If you use your bank identity (BankID) to sign the contract, then we do not need a copy of your ID or a crown payment from you.Legal person If your company is registered in the Commercial register, we will gather the necessary information about your company ourselves from public sources. However, in case we are not be able to find out some of the information necessary to make a proper identification in accordance with the Act or we may find that the information differs from one public source to another, we will ask you to complete [a pre-contract form for legal entities](targetSelf:/-/media/ayvens/public/cz/pdf-brozury/2025-03/predsmluvni-formular_po_en.pdf?rev=367adc1ece5f407eaf035a556ce118b4) in order to comply with the Act and process the correct data. Before signing the contract, we also need to identify the person who signs the contract on behalf of your company. **The signatory is an executive registered in the Commercial Register** If the contract is signed by an executive in the physical presence of our employee, our employee will verify the identity of the executive. To perform the identification, our employee needs to see the ID of the respective executive. If the contract is signed by the executive using an electronic signature or otherwise without a member of our staff being physically present, we will need to receive a copy of the executive's ID. If the executive of your company uses BankID to sign the contract, then there is no need to provide any further evidence. **The signatory acts on the basis of a power of attorney** We need a certified/ verified power of attorney by which your company authorizes your employee (agent) to enter into a business relationship with Ayvens. If the contract is signed by your legal representative in the physical presence of our employee, our employee will verify the identity of your legal representative. To do this, our employee will need to see your legal representative's ID. If the contract is signed by a legal representative using an electronic signature (not BankID) or otherwise without the physical presence of an employee of our company, we will also need a copy of his/her ID. If the legal representative uses a bank identity (BankID) to sign the contract, no further documentation is required.

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.