Many anti-corruption regulations (Sapin II), contributing to the prevention of social risks (the duty of vigilance), money laundering and the financing of terrorism (AML – Anti Money Laundering / KYC – Know Your Customer…), require companies to comply in the context of the evaluation of third parties (customers, suppliers, intermediaries).
Plus particulièrement en France, la loi Sapin II traite de nombreux sujets, notamment la lutte anti-corruption, qui concerne plus de 1 600 sociétés françaises. Ce périmètre devrait s’élargir compte tenu des recommandations de l’Agence Française Anti-corruption (AFA). En France, une entreprise peut être reconnue coupable de corruption et se voir condamner pour ce délit à une sanction pénale, ainsi que possiblement à une sanction administrative de 1 million d’euros (prévue par la loi Sapin II).
More particularly in France, the Sapin II law deals with many subjects, including the fight against corruption, which concerns more than 1,600 French companies. This scope should be expanded in the light of the recommendations of the French Anti-Corruption Agency (AFA). In France, a company can be found guilty of corruption and be sentenced for this offence to a criminal sanction, as well as possibly to an administrative sanction of 1 million euros (provided for by the Sapin II law).
For undertakings with capital, the Ultimate Beneficial Owners (UBO) are natural persons who either directly or indirectly hold more than 25% of the capital or voting rights of the company or by any other means exercise control over the company.
Where no natural person has been identified according to the previous criteria, the beneficial owner is the natural person(s) legally representing the company. If the legal representative is a legal person, the beneficial owner is the natural person(s) legally representing that legal person.
Before entering into a business relationship with a business partner (client, supplier), the company must carry out pre-audits called due diligence (financial health, notoriety, partner integrity, etc.).
This analysis is not limited to the new partners, the existing portfolio must also be supervised. To do so, priority must be given to the quality of information, which can come from the internal to the company, through client questionnaires, or externally, through the collection of information from reliable sources.
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Master your due diligence...
Compliance is now at the heart of business issues, and so far limited to bank compliance, it now extends to companies covered by section 17 of the Sapin II Act.
To meet these new challenges, businesses need to strengthen their compliance policy to:
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... thanks to the wealth of KYC data
To meet these challenges, Ellisphere supports you in the implementation of solutions allowing you to optimize your customer and supplier knowledge actions (KYC/KYS).
The Ellisphere approach is based on:
- The richness of its third-party database.
- The provision of a dedicated onboarding platform.
- An ecosystem of partners to assess the integrity of third parties.
Thanks to our support, you secure your compliance and calmly develop the activity of your company.
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3,7M
financial links on French companies
3M
of names of companies or individuals
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Dedicated experts to support you
Michel Afonso
Nathalie Vandaele
Valérie Maertens
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To ensure a serene and optimal compliance, secure your business relationships, Ellisphere provides you with its expertise.
Discover all our solutions dedicated to due diligence processes.
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Complete your due diligence operations in the evaluation of your third parties
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