RTL research shows the name appearing in databases that allow you to check if someone has a criminal background or not. Despite such background checks, Rumbo became the managing administrator of a private limited liability company (SARL), namely a bar in Differdange.
How exactly did Rumbo get through the net? According to the president of the Chamber of Notaries, Martine Schaeffer, Rumbo was likely nominated without a notarised deed. In terms of the company's legal documents, his name only shows up later in a small statute change. As Schaeffer explains, it is normal that the manager is not verified in the case, as he was already named.
Another explanation is that the name Rumbo came up in the World Check database used by notaries to verify clients without a forename. Schaeffer also confirmed that notaries "do not yet" verify every name listed in a deed and mainly check the identity of the economic beneficiary. Other names are only checked depending on the nature of the business in question. A cafe, for instance, would not usually be subject to further checks.
The case is an interesting one for notaries as it reveals the flaws in the system and opens the possibility of resolving these flaws. This would mean more verifications and more bureaucracy, despite the current tendency to reduce bureaucracy.
A further point is that it is not forbidden to create a deed even if one of the involved parties comes up in a criminal database. If a notary has any such suspicions, they must send the file onto the justice system's financial intelligence cell (CRF). The CRF then decides whether the file should proceed as normal or be frozen. On some occasions, it is beneficial to the police for the file to continue as it allows the police to monitor the destination of funds.
Over the past few years, notaries and their colleagues have been taking part in intensive training courses against money laundering and terrorism funding. The new fourth EU directive concerning money laundering also obliges every notary office to create a written procedure. However, it remains complicated as every case and file is different and, as Schaeffer explains, notaries are under pressure to complete files in time.
Whether or not notaries risk to be slightly neglectful, Schaeffer said it is the opposite. As there are only 36 notaries in Luxembourg, they must ensure they remain a proper profession and keep verifications strict. The last few years have seen stricter processes introduced alongside further collaboration with the CRF. Last year, two notaries received a warning, but only due to small mistakes.
