Needed Documents KYB DarWin
DarWinI. General Company Information
- This includes selecting the purpose of the company, among other details.
II. Documents:
- Certificate of Incorporation (Gründungsurkunde), Certificate of Good Standing (1. – Bescheinigung über den guten Ruf)/Incumbency (2.), M&AA (3. – Gründungsurkunde und Satzung)
- Register of Directors, resolution for appointment as director, etc. (4.)
- Share Certificate, Trust Deed/Declaration, Register of Shareholders/Share Register (5.)
III. Address Confirmation of the Company Headquarters (6.)
IV. Documents Relating to the Responsible Persons/Authorized Representatives (7.)
V. Documents Relating to the Beneficiaries (for those with 25% or more shares) (8.)
Notes:
- “Bescheinigung über den guten Ruf“ is a moderate translation for the so-called Certificate of Non-Objection or Certificate of Compliance, which in English is called a Certificate of Good Standing: Here, the Registrar (a corresponding high-ranking official for company registrations in a country) certifies that the company has been incorporated under a specific company law (e.g., Companies Act 2006/2014/...) and is up-to-date in fulfilling its reporting obligations.
- Incumbency: This means tenure (Amtszeit) and was listed exactly like this (untranslated and with the slash) in the list of required documents. This is somewhat confusing – if it means the age of the company, it could be derived from the incorporation date in the Certificate of Incorporation; if it means the tenure of the directors, it is required in the next point or could be derived from there. There might be a confirmation of tenure that can be submitted as an alternative to the Certificate of Good Standing if the latter is not available.
- M&AA: This stands for Memorandum and Articles of Association (Gründungsurkunde und Satzung). In English-speaking regions, there is a company document called exactly that. However, it typically only includes the Articles of Association, with the Certificate of Incorporation being a separate document.
- Register of Directors – the following documents could be submitted: the minutes of the first meeting (erstes Sitzungsprotokoll), where the directors are named, and/or a document certifying the appointment as a director (Bescheinigung Ernennung Geschäftsführer).
- Here, a list of shareholders could be transmitted.
In general: It's better to upload one document too many than one too few.
Important: Only a maximum of 4 files can be uploaded here! If there are more than 4 documents/proofs, they should be consolidated before uploading!
6. Address Confirmation: Here, the usual address proof (as known from KYC) can be uploaded: utility bills, bank statements, rental agreements, etc., not older than 3 months. Also, please don't forget that a logo on the bill or bank statement is important.
7. Identity Proofs for Directors: Here, the identity card(s) or passport(s) of the responsible director(s) of the company should be uploaded.
8. Beneficiaries' Proof: If there are other shareholders with at least 25% shares beyond the director(s), they should be proven here. Otherwise it would be advisable to upload the same documents as in point IV again to be on the safe side.