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Compliance Sample Questions – Final Exam (1).docx
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34. Name situations when a Know-Your-Customer (kyc) check is not necessary!

KYC is generally required for natural persons and legal entities.

But f.e. at savings in school or quick ATM functions a KYC check is not necessary and no identification is needed.

Anonymous accounts and taking of anonymous saving books don’t need any KYC check, but are part of prohibited business relations, which are not allowed according to the Austrian Banking Act.

35. Briefly explain prohibited business relations!

Prohibited business relations: § _40d Austrian Banking Act Shell bank/Bank in a country without physical presence

  • Anonymous accounts (no KYC performed)

  • Taking of anonymous saving books (no KYC performed)

Suspicion of: Transactions/Business Relations in context with Illegal actions

  • Terroristic/criminal groups

  • Assets from Illegal actions

  • Terroristic/criminal groups

  • Violation of disclosure of trusts, escrow accounts

  • Reporting not disclosed to customer

In such cases the bank worker is expected to contact a supervisor within 24 hours and report the prohibited business. If the action is a transaction, the bank worker should not do the transaction and observe the account for further suspicious.

36. What are the main tasks of the money laundering officer within a bank?

Tasks of the Money Laundering Officer:

  • Internal/external contact person

  • Preparation of risk analyses

  • Implementation and further development of proper strategies, procedures and IT systems

  • Implementation and further development of a Money Laundering Manual (part of Compliance Manual if CO is Money Laundering Officer)

  • Definition/Implementation of measures in context with increased duties of care Monitoring of high risk transactions/business relations that require increased duties of care

  • Reporting of suspicious risk transactions/business relations to supervisor

  • Reporting to Board of Management

  • Training of employees

  • Stop/approval of suspicious transactions

  • Handling of suspicious business relations

37. Give a detailed overview of steps/requirements by a bank employee in order to fulfill the rules of conduct (§ 38-62 ssa)!

· General Obligations

o honest, fair and professional behaviour in accordance with the best interest of the client

· Adequate Information about:

o Services and Transactions (Explanation, Comparison, Major Changes, Assessment Processes)

o Portfolio Management

o Type of Financial Instruments

o Costs and charges

o Proposed investment strategies

o Execution venues

o Risks by a financial instrument with client classifications

o About the agreement

· Marketing Communication must be in line with the above mentioned aspects

o Indication of benefits together with the risks

o No misleading Information

· Requirements of fair, clean and non-misleading communication

o Name and firm of the LE must be included

o Not naming and authority by the approval of products

· Suitability and adequacy of investment services

o Information about the clients knowledge and experience regarding services

o Type of the respective client and her/his transactions and services

· Suitability of investment advice and portfolio management services

o Collecting information regarding the clients and her/his knowledge and experience regarding the financial instrument

o Information about the client’s income (source and amount)

o Information about the time horizon for which the client wants to hold the investment, about the risks and about the investment objectives

· Documentation of the parties’ rights and duties

o Documentation of the agreement

· Reporting Obligations of the LE to its clients

o In respect of Portfolio Management

o Other execution orders

o Financial Instruments

o Client Funds

· Best Execution of Services

· Implementation of Processes in order to ensure the adequate handling of client orders

· Aggregation and Allocation of orders

· Information regarding client rating

· Compliance of the Austrian telecommunication regulation and other regulations in accordance to

o unsolicited communications and

o door-to-door sales

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