KYC/AML Policy of TFG digital platform

KYC/AML POLICY OF TFG DIGITAL PLATFORM

(Torus Finance Group LP)

 

Torus Finance Group LP, a Limited Partnership registered in accordance with the laws of State of Delaware, the United States of America, registration number: 6553479, date of formation January 19, 2022, registered to the address 16192 Coastal Highway, Lewes, County of Sussex, State of Delaware (“Company”, “we”), is committed to the highest standards of the Anti-Money Laundering (AML) compliance and Anti-Terrorist Financing in accordance with The Money Laundering Control Act of 1986[1], requires its management and employees to follow the named standards and actively prevents any actions that aim or facilitate the process of legalizing of illegally gained funds.

This Anti-Money Laundering Compliance and Know your Client Policy (“AML/KYC Policy”, “the/this Policy”) in an effort to maintain the highest possible compliance with applicable laws and regulations relating to anti-money laundering in in any jurisdictions, where we conduct business for the purpose of preventing the use of the Company’s services by the customers with the aim of money laundering, terrorist financing or other criminal activity.

The Policy is an integral part of the TFG Digital Platform Terms of Use of the Platform. The Terms of Use of Platform, together with the Risk Statement, Privacy Policy, Cookies Policy, and this Policy form a binding agreement (hereinafter referred to as the “Agreement”) between the Company and a Customer (hereinafter referred to as the “Customer”, “you”) for your individual use of the Platform. By registering as a user and a Client of the Platform, as well as using the Platform, you confirm your acceptance of the Agreement. If you do not agree with this Policy, the Privacy Policy, the Terms of Use of the Platform, the Risk Statement, Cookies Policy you must immediately stop using the Platform.

 

  1. GENERAL PROVISIONS. TERMS AND DEFINITIONS

1.1. The purpose of the Policy is an effective combating of money-laundering and terrorist financing) on our website by proper identification of actual users of our Accounts and supervision of their transactions.

1.2. Unless otherwise specified or the context suggests otherwise, all capitalized terms have the meaning given to them in this Policy:

a. “Account” - an account created by the User who visited the Website and registered with the Company to use the Website and the Platform.

b. “Website” means a software and hardware complex located at the address: ­­­­­­­­­ https://tfg.company/ under the ownership of the Company, and providing a digital platform for the Customer (user) to carry out the actions provided for by the Agreement.

c. “Platform” means a digital platform provided by the Company for access to its services via the Website.

d. “Customer” - any person who has registered on the Website and created an Account in order to use the Website and have access to the Platform or who is passing a registration procedure on the Website and creating an Account on the Platform.

1.3. The text of the Policy may use terms not defined in Article 1 of the Policy and established in accordance with other documents constituting the Agreement.

1.4. The text of the Policy may use terms not defined in Article 1 of the Policy and other documents of the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Policy and the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Policy and other documents of the Agreement, one should be guided by the interpretation of the term defined: first of all - by the legislation, secondly - on the Website, then - established (generally used) on the Internet.

 

2. KYC, CUSTOMER DUE DILIGENCE AND VERIFICATION PROCEDURE

2.1. The Company must identify all Customers who wants to use the Company’s services and each Customer of the Company has to finish a verification procedure.

2.2. For using the Platform, the Customer shall provide his/her personal information to the Company, specifically:

- full name;

- date of birth;

-  e-mail;

- the Customer’s country of residence;

- details of the payment wallet;

- mobile phone number.

2.3. The Customer shall provide the Company with following valid documents serve as basis for identification:

- proof of identification of the Customer (high-resolution copy of an identity card, passport or driving license - if the document shows the full name, photo or face image, signature of its holder);

- proof of residence of the Customer (high-resolution copy of an utility bill of the Customer or other documents according to the local laws of Customer’s country of residence).

2.4. All the information and documents provided by the Customer shall be completely clear and readable.

2.5. The Company verifies the authenticity of documents and information provided by the Customer, and reserves the right to receive additional information about Customers in case of any doubts concerning the Customer or/and his/her business.

2.6. The Company verifies the correctness of the information of the Customer using the information originating from a credible and independent source for that purpose.

2.7. The Company may ask additional information about the Customer in case of any suspicion about the Customer’s identity information or the Customer’s behavior.

2.8. The Company may cross-check the Customer through the internal and external databases.

2.9. The Company reserves the right to impose additional due diligence requirements to accept the Customers residing in certain countries.

2.10. The Company reserves the right to suspend any Customer’s transactions if the Customer does not provide the Company with necessary information.

2.11. The Company does not render services to the Сustomers that are on the sanction lists.

2.12. The Company does not transact with individuals who are Politically Exposed Persons (PEPs) or their family members.

3. ENHANCED DUE DILIGENCE PROCEDURE

3.1. The Company shall undertake enhanced Due Diligence if there is a higher risk of money laundering or terrorist financing such as:

a. there are doubts as to the truthfulness of the submitted data and/or authenticity of the documents;

b. the Customer is a resident of a high-risk third country;

c. when there are unusual factors in the Customer onboarding, or when there are unusual transactions patterns without clear economic or lawful purpose.

3.2. The Company must identify what the risks are in every particular case and undertake all appropriate measures to mitigate those risks, such as gathering additional information about the Customer and/or his/her business.

4. RECORD-KEEPING

4.1. The Company is keeping all records about the Customer and his/her behaviour in such a way that it can always be presented to inspectors checking the recorded transactions.

4.2. The Company reserves the right to monitor the Customer’s data on an ongoing basis, especially when his identification information was changed or his activity seemed suspicious (extraordinary for a specific Customer).

4.3. The Company reserves the right to request up-to-date documents from the Customers, even if they verified in the past. If the user's identification information was changed or their activity appears suspicious, the Company has the right to request up-to-date documents from the Users, even if they verified in the past.

4.4. The information about the Customer, including the Customer’s transactions, must be stored for no less than one (1) year after termination of the business relationship between the Company and such Customer.

4.5. If a Customer fails to submit all necessary documents and relevant information, or, if based on the documents provided, the Company has a suspicion that money laundering or terrorist financing might be involved, the Company shall not make any transactions with that Customer and shall record as many Customer’s details as possible that will later help to identify the Customer.

5. MONITORING

5.1. In addition to gathering information from the Customers, the Company continues to monitor the activity of every Customer to identify and prevent any suspicious transactions. The Company must investigate every initiated case.

5.2. The Company has implemented the system of monitoring the Customer’s transactions (both automatic and, if needed, manual) to prevent using the Company’s services for criminal activity.

5.3. The Company reserves the right to suspend any Customer’s transactions, which can be regarded as illegal or, may be related to money laundering or terrorist financing in the opinion of the Company’s staff.

5.4. The Company implements and maintains internal controls for the purposes of ensuring that all of its operations comply with AML legislation.

5.5. For the purposes indicated in this Policy, the Customer shall pass a verification procedure and confirm his/her identity while making his/her first and second transaction on the Platform. Then a verification procedure shall be made by the Platform automatically.

5.6. In case of any doubts concerning any transaction of the Customer, the Company can request a manual confirmation of the Customer’s identity for such transaction and further transactions of the Customer any time.

 

6. REPORTING PROCEDURE OF SUSPICIOUS

AND UNUSUAL TRANSACTIONS

 

6.1. Upon the request of a supervision officer of the government authorities all necessary documents and information shall be provided to such officer immediately.

6.2. If the Company has a reasonable suspicion that money laundering or terrorist financing might be involved while using the Platform by the Customer, the Company can provide such information and the Customer’s data to the relevant government authorities.

6.3. The Company is not on duty to notify the Customer is suspected.

 

 

7. OFFICER RESPONSIBLE FOR COMPLIANCE WITH KYC/AML POLICY

 

 7.1. The responsible officer for Compliance with the KYC/AML Policy is an employee of the Company, whose responsibility is to ensure effective compliance with this Policy.

 7.2. The responsibility of such a responsible officer is the following methods:

-  collection of the Customer’s identification information;

-  creating and updating internal policies and procedures for writing, reviewing, submitting and storing all reports required by existing laws and regulations;

- monitoring of transactions and analysis of any significant deviations from the normal activities of the Customers;

- implementation of a records management system for storing and searching documents, files and forms;

- regular updating of the risk assessment.

7.3. The responsible officer for Compliance with KYC/AML Policy has the right to interact with law enforcement agencies involved in the prevention of money laundering, terrorist financing and other illegal activities according to the procedure, established by the applicable laws.

  1. CHANGES TO THE POLICY

8.1. The Company may change the Policy from time to time based on the industry standards and applicable laws.  

8.2. The Company may make such Changes at any time without prior notice. Any Changes to this Policy may be posted on our Website or sent to the Customer via push notifications or email according to the details specified in the Customer’s Account.

8.3. As such, it is responsibility of the Customer to check the Company’s Website  regularly, to allow the Website to receive such notices, and to keep his/her email address and other account contact information up to date. The Customer agrees to such Changes continuing to use the Website and Platform after such Changes become effective.

 

9. GOVERNING LAW AND DISPUTES RESOLUTION

     9.1. This Policy and other documents constituting the Agreement shall be governed by the laws of the State of Delaware, USA.

     9.2. Any dispute arising in connection with or in relation to this Policy, other documents constituting the Agreement with the Customer, or in relation to the Platform, including any question regarding its existence, validity or termination, shall be resolved by the Parties through negotiations. If no agreement is reached, the dispute shall be referred to and finally resolved in accordance with the laws of the State of Delaware, USA.

10. ADDRESS AND DETAILS OF THE COMPANY

Name of the company

Torus Finance Group LP

Registration number of the State of Delaware

6553479

Registered office address

16192 Coastal Highway, Lewes, County of Sussex, State of Delaware

Company’s e-mail

[email protected]

 

 

[1] The Money Laundering Control Act of 1986, USA

Социальные сети