The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 (the “2019 Regulations”) came into effect on the 22nd March 2019 and apply to all Funds and Management Companies (“ManCos”).
You can download a pdf version of our Beneficial Ownership Register Services – ICAVs and Unit Trusts and our Services brochure here
There is no change to the definition of “beneficial owner” as set out previously:
- Any natural person who ultimately owns or controls (either directly or indirectly) a corporate entity through ownership of over 25% of the shares or voting rights, or through control via other means.
- Where there is no natural person identified as a beneficial owner as defined above, the persons holding the positions of “senior managing officials” shall be identified as the beneficial owners. Senior managing officials include Fund/ManCo directors.
|2019 Regulations – New Requirements
||Operation of Central Register
- The establishment of a central register of beneficial ownership (“RBO”) on which all Funds/ManCos must file their beneficial ownership information.
- In addition to the existing required information for each beneficial owner, the 2019 Regulations introduce a new requirement to obtain the PPS number where one has been issued. The PPS number will not be available for inspection. Beneficial owners without a PPS number will be obliged to complete a BEN2 form as verification of identity. The BEN2 form contains a declaration, which must be solemnly declared to be true, verified, witnessed and signed by a notary public.
- The 2019 Regulations provide for the establishment of the RBO. The RBO opened on 29th July 2019.
- Funds/ManCos incorporated after the establishment of the RBO will have five months from the date of incorporation to make their first filing.
- There is an obligation on all Funds/ManCos to keep beneficial ownership information in the RBO accurate and current and all changes must be filed within 14 days.
- A separate register has been established for ICAVs and Unit Trusts to file their beneficial ownership information which will be held with the Central Bank of Ireland.
| Access to Central Register
- The following will have unrestricted access (except for PPS numbers):
- The Irish Police
- Financial Intelligence Unit Ireland
- The Revenue Commissioners
- The Criminal Assets Bureau
- Other State Competent Authorities
- Restricted access is granted to members of the public subject to a €2.50 administration fee per RBO report.
- A Fund/ManCo who fails to comply with the 2019 Regulations may be liable to a Class A fine or, on indictment, a fine not exceeding €500,000.
- A custodial sentence of a term not exceeding 12 months may also be imposed.
KBA offers the provision of suitably qualified professionals dedicated exclusively to anti-money laundering, countering the financing of terrorism and financial sanctions (“AML/CFT/FS”) compliance to ensure Funds/ManCos are in compliance with the 2019 Regulations both in respect of the initial filing, ongoing monitoring and filing of changes.