The obligation to appoint an anti-money laundering officer exists for

• obliged entities pursuant to section 2 (1) nos. 1 to 3, 6, 7, 9 and 15 GwG in principle (section 7 (1) sentence 1 GwG);
• obliged entities pursuant to section 2 (1) nos. 4, 5, 8, 10 to 14 and 16 AMLA only by order of the supervisory authorities (section 7 (3) sentence 1 AMLA);
• for obliged entities pursuant to Section 2 para. 1 no. 16 GwG, this order is effective mid-August 2021 for all Bavarian administrative districts for commercial goods traders whose main activity (more than 50% of total turnover in the previous financial year) is trading in precious metals such as gold, silver and platinum, precious stones, jewelry, watches, works of art, antiques, motor vehicles, ships, motorboats or aircraft, ships, motorboats or aircraft, where on the last day of the previous financial year a total of at least 15 employees were employed in the areas of acquisition, cash, customer accounting, sales and distribution, including management personnel (in particular management) and which are obliged under Section 4 para. 5 No. 1 GwG are obliged to have an effective risk management system (§ 7 para. 3 sentence 2 GwG);
• as the parent company of a group pursuant to Section 9 para. 1 sentence 2 no. 2 GwG or
• for group-affiliated obliged entities that have to implement group-wide obligations (Section 9 para. 4 GwG);

In all these cases, both the appointment and the dismissal of the anti-money laundering officer and his/her deputy must be notified in advance (Section 7 para. 4 GwG and Section 9 para. 1 sentence 4 and para. 4 GwG).

Competent supervisory authority for

• Financial companies (Section 2 para. 1 no. 6 GwG in conjunction with Section 1 para. 24 sentence 1 GwG)
• Insurance intermediaries (Section 2 (1) No. 8 GwG)
• Service providers for companies and trust assets or trustees (Section 2 para. 1 no. 13 GwG)
• Real estate agents (Section 2 (1) No. 14 GwG)
• Goods dealers and art brokers (Section 2 (1) No. 16 GwG)

is the Government of Middle Franconia for the administrative districts of Upper, Lower and Middle Franconia, Swabia and Upper Palatinate and the Government of Lower Bavaria for the administrative districts of Upper and Lower Bavaria (Section 50 No. 9 GwG in conjunction with Section 8a of the Competence Ordinance - Zuständigkeitsverordnung - ZustV).

The voluntary appointment of a money laundering officer as an "additional" internal security measure is possible without you being obliged to do so by the AMLA or a provision of the supervisory authority.