ARTICLE
17 March 2014

CySEC Guidance On Tax Evasion By Clients Of Investment Firms And Administrative Service Providers

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Elias Neocleous & Co LLC

Contributor

Elias Neocleous & Co LLC is the largest law firm in Cyprus and a leading firm in the South-East Mediterranean region, with a network of offices across Cyprus (Limassol, Nicosia, Paphos), Belgium (Brussels), Czech Republic (Prague), Romania (Budapest) and Ukraine (Kiev). A dynamic team of lawyers and legal experts deliver strategic legal solutions to clients operating in key industries across Europe, Asia, the Middle East, India, USA, South America, and China. The firm is renowned for its expertise and jurisdictional knowledge across a broad spectrum of practice areas, spanning all major transactional and market disciplines, while also managing the largest and most challenging cross-border assignments. It is a premier practice of choice for leading Cypriot banks and financial institutions, preeminent foreign commercial and development banks, multinational corporations, global technology firms, international law firms, private equity funds, credit agencies, and asset managers.
The Cyprus SEC has issued a statement drawing the attention of the businesses it regulates to their obligations under the anti-money laundering legislation.
Cyprus Wealth Management

The Cyprus Securities and Exchange Commission ("CySEC") has issued a statement drawing the attention of the businesses it regulates, including Cyprus Investment Firms, management companies and administrative service providers, to their obligations under the anti-money laundering legislation regarding tax offences committed by clients. 

CySEC considers that fraudulent tax evasion constitutes a predicate offence under the Prevention and Suppression of Money Laundering and Terrorist Financing Laws of 2007 – 2013 and requires the entities it regulates to implement adequate and appropriate systems and processes to discourage, prevent and detect money laundering arising from serious tax offences.

While regulated entities are not responsible for assessing their clients' compliance with their worldwide tax obligations they should nevertheless exercise oversight over whether there are  reasonable grounds to suspect that client accounts contain proceeds derived from serious tax  offences and should immediately report any concerns.

The full statement is available here on the CySEC website.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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