KYC form

Information required pursuant to “know your customer” obligations under

paragraph (B) of Part A (Initial Conditions Precedent) of Schedule 1 (Conditions Precedent) to the Contract for Difference Standard Terms and Conditions should be provided to LCCC using this form.

Low Carbon Contracts Company Limited (“LCCC”) as the CfD Counterparty reserves the right to amend this document from time to time. It may also request more information from, or such clarification of the information provided by, the Generator as LCCC considers necessary.

Where certification of documents is required, the documents must be certified by a solicitor or notary[1].

The purpose of this form is to ensure that LCCC fully understands who owns and/or controls (whether directly or indirectly) the Generator. It is therefore necessary for LCCC to be fully informed of the chain of ownership leading to the ultimate persons or entities that own and control or exert significant influence over the Generator. As part of this requirement, it is necessary for LCCC to be provided with information in relation to any person or entity who owns or controls 25% or more of the shares or voting or (other control rights) in or over the Generator. Such a person or entity may also be referred to as a “Beneficial Owner”.

Part A - Complete this section on behalf of the Generator; and attach the requested supporting documentation.

1 / Full name of the Generator
Company:
Limited Liability Partnership:
Other, please state:
3 / Registration number
4 / Place of registration
5 / Date of registration
6 / Does the Generator have a VAT registration number? / Yes: No:
If yes, please provide number:
7 / Full registered office address and, if different, principal place of business. Please provide proof of address.[2] / Registered:
Principal:
Attached - Yes: No:
If no, please provide a reason:
8 / Provide the Generator’s Certificate of Incorporation, certified as a true copy[3] / Attached - Yes: No:
If no, please provide a reason:
9 / List all Beneficial Owners[4] of the Generator / Any Beneficial Owner(s)?: Yes: No:
If yes, complete Part C separately for each Beneficial Owner
Or
In the case of a Beneficial Owner who is also a Parent Company[5], complete Part B for that Parent Company (instead of Part C).
Other, please explain:
10 / Where the Generator is part of a corporate group, provide details of group structure[6] / Attached - Yes: No:
If no, please provide a reason:
11 / Provide the following details for each of the Generator’s current Company Director(s)[7]
i)Full Name
ii)Date of Birth
iii)Nationality
12 / Are any of the Generator’s Beneficial Owner(s) or Company Director(s) Politically Exposed Person’s?[8] / Yes: No:
If yes, provide details:
13 / Is the Generator or a member of the Generator’s group a licenced Generator? / Yes: No:
If yes, please:
i)State name of licenced generator
ii)Type of Licence
iii)Date of grant of licence:
14 / Have any proceedings (or analogous procedures) commenced in any jurisdiction in relation to any material regulatory breaches by the Generator? / Yes: No:
If yes, provide details:
15 / Is the Generator or the Generator’s Parent Company or ultimate Parent Company listed on the main market of the London Stock Exchange, or other recognised Exchange? / Yes: No:
If yes, please attach details of listing and name of entity which is listed[9]
If no, the Generator must for each Company Director of the Generator and the ultimate Parent Company provide all the forms of identification required by Part C.
16 / Provide details of the Generator’s bank. / Name:
Branch address:
17 / Provide details of the Generator’s external solicitors, if any. / Name:
Address:
18 / Provide details of the Generator’s external auditors, if any. / Name:
Address:

Part B - Complete this section in respect of the Parent Company and ultimate Parent Company of the Generator; and attach the requested supporting documentation.

19 / Full Name of Parent Company / Parent:
Ultimate Parent Company:
20 / Registration Number / Parent:
Ultimate Parent Company:
21 / Place of Registration / Parent:
Ultimate Parent Company:
22 / Date of Registration / Parent:
Ultimate Parent Company:
23 / VAT Registration Number? / Yes: No:
If yes, please provide number(s):
Parent Company:
Ultimate Parent Company:
24 / Registered office address and, if different, principal place of business[10]. / Parent registered address:
Ultimate Parent Company registered address:
25 / Beneficial Owner(s)[11] of the parent company and of the ultimate Parent Company? / Beneficial Owner(s): Yes: No:
Complete Part C for each Beneficial Owner
Other, please explain:
26 / Provide Certificate of Incorporation, certified as a true copy[12] / Parent Company - Attached - Yes: No:
If no, please provide a reason:
Ultimate Parent Company - Attached - Yes: No:
If no, please provide a reason:
27 / Provide the following details of all current Company Director(s)[13]
i)Full Name
ii)Date of Birth
iii)Nationality / Parent Company:
Ultimate Parent Company:
28 / Are any Beneficial Owner(s) or Company Director(s) Politically Exposed Person’s?[14] / Yes: No:
If yes, provide an explanation:

Part C - Complete this section separately in respect of each Beneficial Owner; and attach the requested supporting documentation. Where the Beneficial Owner is also a Parent Company or Ultimate Parent Company, Part B should be completed for the Parent Company or Ultimate Parent Company. Part C should be completed for all other Beneficial Owners of the Generator.

29 / Full Name
30 / Date of Birth (if an individual)
or
Date of Incorporation (if a company)
31 / Nationality (if an individual)
or
Place of Registration (if a company)
32 / Full personal address (if an individual)
or
Registered office and principal address (if a company):
33 / If an individual, provide a permitted form of photographic identification and proof of address, both to be certified (together with a certified translation into English where necessary). / Permitted forms of proof:
Current Passport
or
Current Driving licence
and
Utility bill
or
Bank statement
or
Companies House extract (or equivalent)
Proof of address to be dated within the last three (3) months
34 / If a company, provide:-
  • Registration number
  • Date of registration
  • Place of registration
  • Vat number (if any)
  • Full address of registered office andprincipal place of business together with proof of address [15]
  • Certified copy of Certificate of Incorporation or equivalent [16]
  • Names of all current directors, their date of birth and nationality
  • List of Beneficial Owners and percentage ownership held by each
* Without limiting its other rights to request further information, Low Carbon Contracts Company Limited may require further information to be given in relation to Beneficial Owners.

Part D – Complete this section separately for any other legal entity (not already mentioned in Part C) in the Generator’s group company structure that is a Beneficial Owner (i.e. owns or controls 25% or more of the shares or voting rights in the Generator, whether directly or via another entity).

35 / Full name; and
form of legal entity:
36 / Registration Number:
37 / Place of Registration:
38 / Date of Registration:
39 / VAT Registration Number (if applicable):
40 / Registered office address and, if different, principal place of business[17]: / Registered address:
Principal place of business:
41 / Provide the “Foundation Deed”[18] which sets out who owns and controls the entity, translated and certified as a true copy. / Yes: No:
If no, please provide a reason:
42 / Provide the following details of all current “Foundation” (or other entity) members/ Directors and Beneficial Owner(s):
i)Full name
ii)Date of birth
iii)Nationality
43 / Do any “Foundation” members or Beneficial Owner(s) fall into the category of Politically Exposed Person’s? / Yes: No:

Check List

  1. Photographic identification
  1. Proof of Address, as required

i)Individual(s)

ii)Company

iii)Parent Company

iv)Ultimate Parent Company

  1. Certificate of Incorporation

i)Company

ii)Parent Company

iii)Ultimate Parent Company

  1. Proof of Listing
  1. Annex I illustrating legal structure
  1. Annex II of Director(s) details

© Low Carbon Contract Company Ltd

V - September 2016

[1] The certification must be dated, the name of the solicitor or notary must be clearly printed near the signature and the roll number or other registered number (if any) of the solicitor or notary must be included. If the documentation is not in English, an English translation, certified as a true copy, must be provided.

[2] An extract from the Companies House register will be sufficient for UK registered companies. For non-UK registered companies, the proof of address should be certified as a true copy. For all companies (wherever registered) a certified copy of a recent utility bill or bank statement will be sufficient.

[3] If the contracting entity is outside the UK, you should supply the equivalent certification in the country of registration, an English translation of the certification and have both certified as a true copy.

[4] A Beneficial Owner, for the purposes of this form, is a person (whether an individual or legal entity) who owns or controls 25% or more of the shares or voting rights in the Generator, the Parent Company or the Ultimate Parent Company.

[5] An entity will be a parent company in relation to another entity (a “subsidiary”) if any of the following apply:

  • it holds a majority of the voting rights in the subsidiary;
  • it is a member of the subsidiary and has the right to appoint or remove a majority of the subsidiary’s board;
  • it has the right to exercise a dominant influence over the subsidiary by virtue of provisions contained in the subsidiary’s articles of association or a control contract;
  • it is a member of the subsidiary and controls alone, under an agreement with other shareholders or members, a majority of its voting rights; or
  • it has the power to exercise, or actually exercises, a dominant influence or control over the subsidiary, or the entity and the subsidiary are managed on a unified basis.

[6] We would like an understanding of where the Generator sits within its group of companies, including the chain of ownership up to the ultimate Parent Company and the other companies in the group. This can be provided to us as a description or as an organogram.

[7] This may be completed on a separate sheet of paper, if necessary, and presented as an annex.

[8]A politically exposed person, for the purposes of this form, is an overseas member of parliament, Head of State or Government or Government Minister.

[9] English translation certified as a true copy, if the Stock Exchange is outside the UK.

[10] See footnotes 1 and 2.

[11] See footnote 4.

[12] See footnote 3.

[13] See footnote 7.

[14]See footnote 8.

[15] See footnotes 1 and 2.

[16] See footnote 3.

[17] See footnotes 1 and 2.

[18] This terminology is used for illustration purposes it may be calledanother name but it purpose will be governing documentation.