Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Register of persons holding authorisations.

104.— (1) The Minister shall establish and maintain a register of persons authorised under this Chapter to carry on business as a trust or company service provider containing—

(a) the name and the address of the principal place of business of each person authorised to carry on business as a trust or company service provider, and

(b) such other information as may be prescribed.

(2) The register may be in book form, electronic form or such other form as the Minister may determine. The register may be maintained in an electronic, mechanical or other non-written form only if it is capable of being reproduced in a written form.

(3) The Minister shall maintain the register at an office of the Department.

(4) Members of the public are entitled, without charge, to inspect the register during the ordinary business hours of the Department.

(5) A member of the public is entitled to obtain a copy of the register or of an entry in a register on payment of such reasonable copying charges as may be prescribed (if any).

(6) The holder of an authorisation to whom an entry in the Register relates shall, as soon as practicable after the holder becomes aware of any error in the entry, or any change in circumstances that is likely to have a bearing on the accuracy of the entry, give notice in writing to the Minister of the error or change in circumstances, as the case may be.

(7) In any legal proceedings, a certificate purporting to be signed by the Minister and stating that a person—

(a) is recorded in the Register as the holder of an authorisation,

(b) is not recorded in the Register as the holder of an authorisation,

(c) was recorded in the Register as being, at a specified date or during a specified period, the holder of an authorisation, or

(d) was not recorded in the Register as being, at a specified date or during a specified period, the holder of an authorisation,

is evidence of the matter referred to in paragraph (a), (b), (c) or (d) (as the case may be), and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.

(8) The Minister may prescribe particulars for the purposes of subsection (1) (b) or section 105 only if satisfied that those particulars reasonably relate to the business of trust or company service providers or to the regulation of the business of trust or company service providers under this Part.