(1) An application under ARM 2.60.802 shall be
accompanied by:
(a) documents certifying that the identity of each director, executive
officer and controlling person of the proposed foreign capital depository has
been verified by means of a background check.
Such background check, which shall be in addition to any background
check that the commissioner or designated personnel of the division of banking
and financial institutions shall conduct pursuant to ARM 2.60.808(2) , shall be
conducted by a reputable and licensed private investigative service and include
inquiry into each individual's financial means, employment history, credit
history, criminal record and record of tax delinquencies, if any;
(b) a
written copy of the applicant's know-your-customer policy and a written
description of the implementation method for such policy, prepared in
reasonable detail. Such policy shall be
approved by the applicant's board of directors and noted in the applicant's
official records. The criteria for such
policy are set forth in ARM 2.60.804 pertaining to foreign capital depositories
adopted by the division of banking and financial institutions; and
(c) a
written description of the applicant's personnel training and pre-employment
screening programs, plan for establishing a security program similar to the
security program prescribed by 12 CFR section 326.3, methods of compliance with
applicable federal record keeping and reporting laws and any contracts entered
with parties to provide any services or facilities related to these
requirements, prepared in reasonable detail.