Description of the delegation feature

The technical function “delegation” allows a reporting entity to submit reports, based on one or more mandates, on behalf of and for the account of other reporting entities. By using this function, you only need one LuxTrust certificate for the mandated reporting entity (the mandataire), i.e., the one that will submit suspicious transaction reports on behalf of the mandating reporting entities (the mandants).

Important : The CRF notes that in the case of a delegation the goAML user acting as a mandataire for one or several mandants, in addition to the risk of a conflict of interest, may risk violating the non‑disclosure (“no tipping-off”) obligation under Article 5(5) of the Law of 12 November 2004 on money laundering and terrorist financing, when submitting a suspicious transaction report in situations where, contractually, the mandataire may be considered: the client concerned by the report, or a third party in relation to the mandant. This assessment must be made on a case‑by‑case basis, and the entire legal and factual responsibility lies with the mandataire and the mandant(s).

If we have a delegation structure in goAML as shown below, where Principal Entities 2 and 3 have Entity 1 as their mandataire:

Then automatically, any user who has access to Entity 1 (mandataire) can log in on behalf of Entities 2 and 3. Their roles and access rights remain the same as those they have for Entity 1.

Example:

• Alain, who is an administrator for Entity 1, will have the same administrator role when acting for Entities 2 and 3.
• Claude, who is registered only for Entity 2,
  • cannot see the declarations submitted by Entities 1 or 3,
  • and cannot log in on their behalf.

This model is very common for investment funds.

If you conclude that this model fits your situation, please refer to the article: How to create delegations in goAML? for further guidance.