Articles of Association with kompany’s KYC APIPosted 01.12.2022
Access now: list of jurisdictions for which we offer live access to original documents
In the case of several jurisdictions, our API sources official documents that are either filed in the register throughout various points in the company’s lifecycle, or generated by the register as proof of the company’s existence, particulars, or good standing.
Entities with anti-money laundering obligations need to consult these documents as part of their due diligence and entity verification process, which may be based on the individual risk profile of their clients or the specific AML regulations of their jurisdiction.
When we integrate documents from a jurisdiction, we closely analyze components such as their format and filing frequency. Then, we map the document to one of five categories: Register Report, Articles of Association, Annual Accounts, Annual Return or Official Filings.
In this article, we are highlighting the unique considerations applied to Articles of Association.
What does Articles of Association mean?
Articles of Association is a singular document filed with the official register that served as a founding instrument for the legal entity. This document generally details – at a minimum – an entity’s legal form, purpose, capital structure, governance, and administration. The date when the founding document was signed is when the legal entity establishes a separate legal existence from its founders.
The name, content and format of this founding document can vary across jurisdictions and also depends on the legal form of the legal entity and the complexity of its structure.
For example, when a company is founded by two or more shareholders, the founding document would be in the form of a contract. If the company is established by one person only, the founding document might take the form of а statement. Forming a branch does not require separate Articles of Association; instead, it is typically founded by a decision. Joint stock companies are usually established by statutes, and a private foundation is established with a foundation deed. In some cases, such as in the United States, companies file a Certificate of Good Standing as a founding document when they have been established in one state, but register to do business in another.
The founding document can be amended throughout the life of a company, through a procedure outlined within the document itself. Most jurisdictions require companies to file a so-called clean copy of the Articles after each amendment. Therefore, where Articles of Association are concerned, we normally map the most recent clean copy of the founding document filed with the register, and you can usually find the very first version under Official Filings.
In most jurisdictions this document, as well as others, is only available for live companies and not for closed ones.
Our team of experts are always happy to support you in identifying the exact document you need for your specific KYB needs.