The new transparency register regulation of the AMLA – noteworthy aspects for companies and their advisors Part IV:
The entry in the transparency register takes place on the official website of the transparency register. The beneficial owner must register there and enter all legal entities that are subject to transparency, and then create the order for the entry.
Enter the names and addresses of the “beneficial owners”, their dates of birth, the country of residence, all nationalities, the type of beneficial owner and the type and scope of the economic interest.
As a result, all companies that are now subject to the reporting obligation are advised to immediately register in the transparency register in order to avoid possible fines and breaches of duty.
Basically everyone can see the transparency register, as it has been a full register since this year (2021). In particular, official bodies, e.g. For example, notaries inspect and inspect notarizations, but also other authorities and interested third parties. You will therefore be required to provide the necessary information, namely correct and, if in doubt, verifiable information, but not necessarily any further information.
In order to define who is to be entered as the significant beneficial owner with which majorities and constellations in the group of shareholders, it is necessary to carefully check what the criteria are. You will soon read the criteria for this in Part V of this series.
Ayten Melikli (Dr. Grund, Räuchle, Besazza-Sulser, Laubis and colleagues, Freiburg im Breisgau)
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