Source: OJ L, 2024/1624, 19.6.2024

Current language: EN

Article 62 Beneficial ownership information


    1. Legal entities and trustees of express trustsmeans a trust intentionally set up by the settlor, inter vivos or on death, usually in a form of written document, to place assets under the control of a trustee for the benefit of a beneficiary or for a specified purpose; or persons holding equivalent positions in similar legal arrangementsmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; shall ensure that the beneficial ownership information which they hold, provide to obliged entities in the context of customer due diligence procedures in accordance with Chapter III or submit to central registers is adequate, accurate, and up-to-date.

    2. The beneficial ownership information referred to in the first subparagraph shall include the following:

      1. all names and surnames, place and full date of birth, residential address, country of residence and nationality or nationalities of the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;, number of identity document, such as passport or national identity document, and, where it exists, unique personal identification number assigned to the person by his or her country of usual residence, and general description of the source of such number;

      2. the nature and extent of the beneficial interest held in the legal entity or legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;, whether through ownership interest or control via other means, as well as the date as of which the beneficial interest is held;

      3. information on the legal entity of which the natural person is the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; in accordance with Article 22(1), point (b), or, in the case of legal arrangementsmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; of which the natural person is the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;, basic informationmeans:in relation to a legal entity:legal form and name of the legal entity;instrument of constitution, and the statutes if they are contained in a separate instrument;address of the registered or official office and, if different, the principal place of business, and the country of creation;a list of legal representatives;where applicable, a list of shareholders or members, including information on the number of shares held by each shareholder and the categories of those shares and the nature of the associated voting rights;where available, the registration number, the European Unique identifier, the tax identification number and the Legal Entity Identifier;in the case of foundations, the assets held by the foundation to pursue its purposes;in relation to a legal arrangement:the name or unique identifier of the legal arrangement;the trust deed or equivalent;the purposes of the legal arrangement, if any;the assets held in the legal arrangement or managed through it;the place of residence of the trustees of the express trust or persons holding equivalent positions in the similar legal arrangement, and, if different, the place from where the express trust or similar legal arrangement is administered; on the legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;;

      4. where the ownership and control structure contains more than one legal entity or legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;, a description of such structure, including names and, where it exists, identification numbers of the individual legal entities or legal arrangementsmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; that are part of that structure, and a description of the relationships between them, including the share of the interest held;

      5. where a class of beneficiaries is identified under Article 59, general description of the characteristic of the class of beneficiaries;

      6. where objects of a power and default takersmeans the natural or legal persons or class of natural or legal persons who are the beneficiaries of a discretionary trust should the trustees fail to exercise their discretion; are identified under Article 60:

        1. for natural persons, their names and surnames;

        2. for legal entities and legal arrangementsmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;, their names;

        3. for a class of objects of a power or default takersmeans the natural or legal persons or class of natural or legal persons who are the beneficiaries of a discretionary trust should the trustees fail to exercise their discretion;, its description.

    1. Legal entities and trustees of express trustsmeans a trust intentionally set up by the settlor, inter vivos or on death, usually in a form of written document, to place assets under the control of a trustee for the benefit of a beneficiary or for a specified purpose; or persons holding an equivalent position in a similar legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; shall obtain adequate, accurate, and up-to-date beneficial ownership information within 28 calendar days of the creation of the legal entity or the setting up of the legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;. That information shall be updated promptly, and, in any case, within 28 calendar days of any change thereto, as well as on an annual basis.

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