The purpose of this document is to make all staff and clients of Equito App S.L aware of the strict money laundering policy that the platform follows. The company is committed to the highest standards of openness, transparency and accountability and to conducting its affairs in accordance with the requirements of the relevant funding and regulatory bodies. The Equito App platform has a zero-tolerance approach to money laundering and the policy applies to activity.
1. Definitions & Legislative Context
The Money Laundering, Terrorist Financing & Transfer of Funds Regulations 2017 (MLR 2017) came into force on 26 June 2017. They implement the EU’s 4th Directive on Money Laundering. In doing so, they replace the Money Laundering Regulations (MLR 2007). MLR 2017 adopts a more risk-based approach towards anti – money laundering and how due diligence is conducted. Money laundering is the process of taking profits from crime and corruption and transforming them into legitimate assets. It takes criminally-derived ‘dirty funds’ and converts them into other assets so they can be reintroduced into legitimate commerce. This process conceals the true origin or ownership of the funds, and so ‘cleans’ them. There are three stages in money laundering; placement, layering and integration. Placement is where the proceeds of criminal activity enter into the financial system; layering distances the money from its illegal source through layers of financial transactions; finally, integration involves the re-introduction of the illegal proceeds into legitimate commerce by providing an apparently genuine explanation for the funds.
This policy applies to all members of the company and subsidiary companies including staff, clients and to third parties, including partners, undertaking business on behalf of the company and its subsidiary companies. Money laundering is a criminal offence. In Spain, the maximum penalty is six years and a fine up
to three times the value of the laundered. Offences include:
• Failing to report knowledge and or suspicion of money laundering
• Failing to have adequate procedures to guard against money laundering
• Knowingly assisting money launderers
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• Tipping-off suspected money launderers
• Recklessly making a false or misleading statement in the context of money laundering
The company could also face a range of sanctions for non-compliance, imposed by Agencia Estatal de Administración Tributaria (AEAT) and /or the Comisión Nacional del Mercado de Valores (CNMV). Therefore, disciplinary action under the company’s procedures may be taken against members of staff and clients who fail to comply with this policy.
3. Risk Assessment
MLR 2017 requires the company to undertake a risk assessment and assess its exposure to money laundering. There are 4 main areas that need to be considered to assess its overall risk. Product / Service Risk – This is the risk associated with delivery of company’s activity including collecting money from investors, transfer money to companies raising funds. Jurisdictional Risk – This is the risk associated with the company’s countries of operation, location of customers, suppliers and agents. Customer/Third-Party Risk – This is the risk associated with the people and/or organisations that we undertake business with including customers/third-parties, beneficial owners, agents, contractors, vendors and suppliers. Politically Exposed Persons (PEP’s) and Sanctioned Parties are also considered within this risk. Distribution Risks - This is the risk associated with how we undertake business, including direct and indirect relationships (e.g. via an agent or third-party), face-to-face, digital/online and telephonic. Page 6 of 11 From the perspective of money laundering, all staff need to be vigilant against the financial crime and fraud risks that the company faces day-to-day. Possible signs of money laundering include:
(a) An individual or company makes a large unexpected payment to the company but
fails to provide evidence confirming their identity and reason for payment.
(b) An individual or company attempts to engage in “circular transactions” where a
payment is made to the company followed by an attempt to obtain a refund. For
example, a student pays a significant sum, then withdraws and seeks a refund.
(c) A person or company undertaking business with the company fails to provide proper
paperwork (examples include charging VAT but failing to quote a VAT number or
invoices purporting to come from a limited company, but lacking company registered
office and number)
(d) A potential supplier submits a very low quotation or tender. In such cases, the
business may be subsidised by the proceeds of crime with the aim of seeking
payment from the company in “clean money”.
(e) Involvement of an unconnected third party in a contractual relationship without any
This list is not exhaustive and money laundering can take many forms. If there are any
concerns, then these should be raised with the Money laundering Reporting Officer.
Unusual or Large payments
The company will investigate and establish what they are for. The company’s bankers also advise on high risk countries where financial transactions are either prohibited or heavily restricted.
MLR 2017 has reduced the limit for eligible cash transactions from €15,000 to €10,000 and is extended to receiving, as well as making, payments in cash.
Know Your Customer /Supplier
Anti- Money Laundering Regulations requires that the company must be reasonably satisfied as to the identity of the customer (and others) that they are engaging with in a contractual relationship. To discharge the “reasonably satisfied” the company must obtain a minimum level of personal information from a customer including legal names, picture of legal documents with all the information readable, telephone number (will be validated to continue the process). For third parties’ letters or documents proving name, address and relationship should be obtained. If an organization investing is not known to the company then justificative documents, website and credit checks should be undertaken as appropriate. The Company must be clear on the purpose and the intended nature of the business relationship i.e. knowing what you are doing with them and why.
In most cases the company’s exposure to money laundering is likely to be low. Financial due diligence is already considered as part of bidding for research, consultancy and collaborative provision. However, in certain instances if the company is considering establishing a business relationship in a high-risk country or with a politically exposed person, then appropriate advice should be taken from the Money Laundering officer (MLRO) pre entering the arrangement.
The company will undertake appropriate checks before processing any refunds and funds can only be refunded back to the original payer and cannot be refunded to a third party. Where the original payment has been received from abroad the refund will be to the foreign bank account and not to a Spanish bank account.
Financial Sanctions Targets
The Spanish government publishes frequently updated guidance on financial sanctions targets,which includes a list of all targets. This guidance can be found at:
If the company is planning to undertake any research or consultancy activities with entities and/ or individuals in any of the following countries :
• Central African Republic
• Democratic republic of Congo
• North Korea
• Republic of Guinea
• Republic of Guinea – Bissau
• South Sudan
Please consult with either the MLRO so that the company can review the register and ensure that the proposed activity is not with a embargoed individual or organisation.
Roles and Responsibilities
Naji Bizri, co-founder and one of the directors has responsibility for the Anti- Money Laundering Policy.
Money Laundering Reporting officer (MLRO)
The MLRO is the primary contact for any further information or to report any suspicious
activity. The MLRO is:
Co-founder and Director
Telephone +34 651 027 311 /
+33 6 16 77 48 76
The MLRO is responsible for:
• receiving reports of suspicious activity from any employee in the business;
• considering all reports and evaluating whether there is – or seems to be, any
evidence of money laundering or terrorist financing;
• reporting any suspicious activity or transaction to the Agencia Estatal de
Administración Tributaria (AEAT) by completing and submitting a Suspicious
• asking Agencia Estatal de Administración Tributaria (AEAT) for consent to
continue with any transactions that must be reported and making sure that no
transactions are continued illegally.
All members of the Company – Reporting Suspicious Activity
A member of the company who needs to report suspicious activity must complete the
Suspicious Activity Report (SAR) which is detailed in Annex A. They should provide as much
detail as possible and the report must be made in the strictest confidence, being careful to
avoid “tipping off” those who may be involved.
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Money laundering legislation applies to all member of the company. Members of the company
could be committing an offence if they suspect money laundering (or if they become involved
in some way) and do nothing about it. Potential Red flags are highlighted in Section 3.
The MLRO will report any findings to the board of directors who will carry out any
The MLRO will ensure that members of staff with financial responsibility receive appropriate
money laundering training. Refresher training will take place at each revision of the policy.
Review, Approval and Publication
The Anti- Money Laundering Policy is subject to review every 3 years by the Directors or
following a change to relevant EU legislation.
Last update: December 21ST, 2021.