Czy złożenie określonej sumy pieniężnej adwokatowi lub radcy prawnemu w ramach depozytu adwokackiego może uchronić przed zajęciem tych środków i zabezpieczyć je przed zakusami wierzycieli czy też państwa? Problem ciekawy, choć nienowy, na powierzchnię wypchnięty przez profesora Królikowskiego, który miał przechowywać w milionowym depozycie pieniądze od człowieka, który powiązany miał być z grupą dokonująca wyłudzeń VAT.
Depozyt adwokacki czy też depozyt radcowski nie jest regulowany przepisami odrębnymi od powszechnie obowiązujących, z małym wyjątkiem przepisów dotyczących prania pieniędzy i finansowania terroryzmu. Depozyt adwokacki jest więc formą umowy przechowania, szczątkowo regulowaną w polskim Kodeksie cywilnym, przy czym o ile adwokat lub radca prawny może oczekiwać aby taki depozyt został złożony (np. celem zabezpieczenia jego wynagrodzenia oraz wydatków związanych z postępowaniem sądowym), to nie wyłącza to jego obowiązków wynikających z przepisów o przeciwdziałaniu praniu pieniędzy i finansowaniu terroryzmu.
Co to za obowiązki?
Przede wszystkim chodzi o ocenę, czy transakcja w której uczestniczą (np. obsługują ją pod kątem prawnym) może mieć związek z praniem pieniędzy lub finansowaniem terroryzmu – dla takich transakcji prowadzą ich specjalny rejestr, jednakże tylko i wyłącznie w zakresie:
- kupna i sprzedaży nieruchomości lub przedsiębiorstw,
- zarządzania pieniędzmi, papierami wartościowymi lub innymi wartościami majątkowymi,
- otwierania rachunków lub zarządzania nimi,
- organizacji wpłat i dopłat na kapitał zakładowy i akcyjny, organizacji wkładu do tworzenia lub prowadzenia działalności spółek lub zarządzania nimi,
- tworzenia, działalności przedsiębiorców w innej formie organizacyjnej a także zarządzania nimi.
Co więcej, adwokaci i radcy prawni są zobowiązani do stosowania wobec swoich klientów środków bezpieczeństwa finansowego, polegających na identyfikacji klienta i weryfikacji jego tożsamości (w tym beneficjenta rzeczywistego transakcji) na podstawie dokumentów lub informacji publicznie dostępnych. W przypadku, gdyby było to niemożliwe, adwokat bądź radca prawny nie podpisuje umowy z klientem lub rozwiązuje zawarte umowy oraz przekazuje Generalnemu Inspektorowi, według ustalonego wzoru, informacje o danym kliencie wraz z posiadanymi informacjami o planowanej przez niego transakcji.
Jednocześnie zaś adwokat lub radca prawny musi uważać, aby nie narazić się na zarzuty z kodeksu karnego dotyczące przestępstw związanych z utrudnianiem zaspokajania wierzycieli bądź prania pieniędzy w zakresie możliwego pomocnictwa bądź nawet sprawstwa.
Adwokat i radca prawny mają obowiązek złożenia tego depozytu na odrębnym rachunku bankowym i korzystania z tych środków wyłącznie w sposób zlecony przez swojego mocodawcę.
Czy więc depozyt może służyć uniknięciu egzekucji, zabezpieczeniu środków na przyszłość? Nie, należy jednak z boleścią dodać, że to nie znaczy, że nie jest w ten sposób stosowany, w istocie dla dwóch chcących istnieje możliwość takiego opisania transakcji i przygotowania jej, aby można było wybronić się z wszelkich zarzutów.
What was the first Japanese pickup accessible in America?
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However, many academics and policymakers believe the mortgage tax deduction is outdated and ripe for reform.
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In 1771, Chew bought the former home of his shopper, Governor John Penn, on South Third Street in Philadelphia; Penn returned to England to settle his father Richard Penn Sr.’s property.
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Columba’s Highschool, Dunfermline. 50 to about a.D.
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151. Two ladies are seen in a drawing room dressed in the attire of the latest fashions – in fetching colours and designs.
James Lonsdale, Overman, Newmarket Silkstone Colliery, No.
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James Bokowe, Sergeant-Main, Bechuanaland Protectorate Police Force.
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