Whistleblowermeldung; Übermittlung eines Hinweises bei Verstößen von Notaren
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If you have information about a violation of the Money Laundering Act by a notary, you can report this to the competent regional court.
Money laundering is used to smuggle illegally obtained assets into the legal economic cycle and prevent them from being accessed by law enforcement authorities.
For this reason, the Money Laundering Act imposes specific obligations on representatives of certain professional groups which are intended to help prevent money laundering or the misuse of legitimate companies for money laundering.
If you have information on possible or actual violations of the Money Laundering Act, you can report this to the competent supervisory authority either personally or anonymously.
Tip-offs are an important source of information for the supervisory authorities of notaries. Such information may include, for example, confidential information that whistleblowers learn from their employment relationships or other contractual or confidential relationships.
The competent supervisory authorities investigate every tip-off and check whether there has been a breach of provisions relevant to employment law.
The respective president of the regional court in whose district the notary has his or her registered office is responsible for receiving information concerning notaries (section 50 no. 5 letter a) of the Money Laundering Act in conjunction with section 92 (1) no. 1 of the Federal Money Laundering Act). § Section 92(1)(1) of the Federal Notarial Code). In the BayernPortal, the contact details are displayed under "Responsible for you" if you enter the location.
Information on violations in the context of money laundering supervision can be reported to the competent supervisory authority either personally or anonymously, regardless of a threshold value.
However, it should be noted that a report to the supervisory authority must be distinguished from the reporting of a suspected case to the Financial Intelligence Unit (FIU), which is part of the customs authorities. If there is a reportable suspicious case, this must always be reported to the FIU via the "goAML" portal (see "Related links" and "Related topics").
You can report your information on violations of the Money Laundering Act to the responsible office as follows:
- You draw up a written report on the potential or actual violation of the AMLA. If available, enclose evidence.
- Important: You can submit your report anonymously in any case.
- Send the report to the respective president of the regional court in whose district the notary has his or her registered office. In the BayernPortal, the contact details are displayed under "Responsible for you" if you specify the location.
The report can be submitted by post, email or via a lawyer.
Upon receipt, the competent supervisory authority will review the reported information. - If your contact details are available and the competent supervisory authority has any queries, your report may be discussed.
- In the case of an anonymous report, further processing will take place without contacting you.
- If the information indicates a suspected criminal offense, it will be forwarded to the local public prosecutor's office or police station and followed up there.