Additional Due Diligence Form Template for United States

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Key Requirements PROMPT example:

Additional Due Diligence Form

"Need an Additional Due Diligence Form for a high-risk technology company based in Singapore that's seeking to establish operations in the United States by March 2025, with particular focus on cybersecurity measures and source of funds verification."

What is a Additional Due Diligence Form?

The Additional Due Diligence Form serves as a critical tool in risk management and regulatory compliance within the United States. It is typically employed when standard due diligence processes require deeper investigation, such as in high-risk transactions, complex business relationships, or when dealing with politically exposed persons. The form encompasses detailed inquiries about ownership structures, business activities, compliance history, and risk factors. It is designed to meet requirements set forth by various U.S. regulatory bodies and includes specific sections addressing BSA, AML, and KYC requirements. The Additional Due Diligence Form is particularly important in scenarios where enhanced scrutiny is necessary to protect against financial crimes, regulatory violations, or reputational risks.

What sections should be included in a Additional Due Diligence Form?

1. Entity Information: Basic information about the entity being reviewed, including legal name, structure, and jurisdiction

2. Ownership Structure: Detailed breakdown of beneficial ownership and control

3. Business Activities: Nature of business, primary operations, and revenue sources

4. Risk Assessment: Evaluation of potential risks including regulatory, financial, and operational risks

5. Compliance History: Record of past regulatory compliance and any violations

What sections are optional to include in a Additional Due Diligence Form?

1. Environmental Impact Assessment: Additional section required for entities in industries with environmental concerns - applicable for manufacturing, energy, or natural resource companies

2. Political Exposure Review: Assessment of political connections and exposure - required for international entities or those with government connections

3. Technology Assessment: Review of technological capabilities and cybersecurity measures - necessary for technology companies or those handling sensitive data

What schedules should be included in a Additional Due Diligence Form?

1. Schedule A - Corporate Documentation: Copies of incorporation documents, licenses, and permits

2. Schedule B - Financial Statements: Recent financial reports and statements

3. Schedule C - Compliance Certificates: Relevant regulatory compliance certificates and documentation

4. Schedule D - Background Check Results: Results of background checks on key personnel

5. Schedule E - Risk Matrix: Detailed risk assessment scoring and analysis

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Bank Secrecy Act (BSA): Key federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering, including requirements for reporting and record-keeping.

USA PATRIOT Act: Federal law that expanded BSA requirements, particularly regarding customer identification programs and enhanced due diligence procedures for higher-risk customers.

Foreign Corrupt Practices Act (FCPA): Federal law prohibiting the payment of bribes to foreign officials to assist in obtaining or retaining business, requiring proper accounting practices and internal controls.

Anti-Money Laundering (AML) Regulations: Comprehensive framework of federal regulations designed to prevent financial institutions from being used as tools for money laundering.

Know Your Customer (KYC) Requirements: Regulatory requirements for financial institutions to verify the identity of their clients and assess their potential risks.

Securities Exchange Act of 1934: Federal law governing securities trading and establishing the SEC, requiring certain due diligence standards for securities transactions.

Sarbanes-Oxley Act (SOX): Federal law establishing enhanced standards for corporate accountability and financial disclosure, including due diligence requirements.

FINRA Requirements: Industry-specific regulations governing broker-dealers and requiring specific due diligence procedures for customer transactions.

SEC Regulations: Federal regulatory framework for securities markets, including specific due diligence requirements for various financial transactions.

OFAC Compliance: Requirements for checking against sanctions lists and ensuring compliance with U.S. economic and trade sanctions.

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive customer data.

California Consumer Privacy Act: State law providing California residents with rights regarding their personal information and imposing obligations on businesses handling such data.

FinCEN Guidelines: Federal guidance on suspicious activity reporting and other aspects of financial crime prevention.

Federal Reserve Board Guidance: Regulatory guidance on risk management and due diligence procedures for financial institutions.

FFIEC Examination Procedures: Standardized procedures for examining financial institutions' compliance with various regulations and due diligence requirements.

Teams

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Additional Due Diligence Form

A U.S.-compliant document for comprehensive risk assessment and enhanced due diligence investigation of entities or individuals.

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