Article 64 Trustee obligations

1. 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;;

2. adequate, accurate and up-to-date beneficial ownership information as provided under Article 62;

3. where 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; are parties to 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;, 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; and beneficial ownership information on those 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;;

4. information on any agent authorised to act on behalf 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; or to take any action in relation to it, and on the obliged entities with which the trustee or person 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; enter into a business relationshipmeans a business, professional or commercial relationship connected with the professional activities of an obliged entity, which is set up between an obliged entity and a customer, including in the absence of a written contract and which is expected to have, at the time when the contact is established, or which subsequently acquires, an element of repetition or duration; on behalf 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;.

The trustee or the person 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 and report to the central register beneficial ownership information and 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; without undue delay after the setting up of the express trustmeans 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 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; and, in any case, within 28 calendar days thereof. The trustee or the person 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 ensure that any change of beneficial ownership or of the 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; is reported to the central register without undue delay, and in any case, within 28 calendar days thereof.

The trustee or the person 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 regularly verify that the information they hold over 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; pursuant to paragraph 1, first subparagraph, is updated. Such verification shall be performed at least annually, whether as a self-standing process or as part of other periodical processes.

The trustees or the 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; referred to in paragraph 1 shall disclose their status and provide the information on the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; and on the assets of the 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 to be managed in the context of a business relationshipmeans a business, professional or commercial relationship connected with the professional activities of an obliged entity, which is set up between an obliged entity and a customer, including in the absence of a written contract and which is expected to have, at the time when the contact is established, or which subsequently acquires, an element of repetition or duration; or occasional transaction to obliged entities when the obliged entities are applying customer due diligence measures in accordance with Chapter III.

The beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of a 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; other than the trustees or persons holding an equivalent position, its agents and the obliged entities servicing 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;, as well as any person and, 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;, their trustees, who are part of the multi-layered control structure 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;, shall provide the trustees 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; with all the information and documentation necessary for the trustees or persons holding an equivalent position to comply with the requirements of this Chapter.

Trustees of an express trustmeans 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; and 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 make the information collected pursuant to this Article available, upon request and without delay, to competent authoritiesmeans:a Financial Intelligence Unit (FIU);a supervisory authority;a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;a public authority with designated responsibilities for combating money laundering or terrorist financing;.

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; whose parties are legal entities, where, after having exhausted all possible means of identification pursuant to Articles 51 to 57, no person is identified as beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of those legal entities, or where there is substantial and justified uncertainty that the persons identified are the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;, 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 in an equivalent position 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 keep records of the actions taken in order to identify their beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;.

1. a statement that there is no beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; or that the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; could not be determined, accompanied by a justification as to why it was not possible to determine 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 51 to 57 of this Regulation and what constitutes uncertainty about the ascertained information;

2. the details of all natural persons who hold the position of senior managing officials in the legal entity that is party to 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; equivalent to the information required under Article 62(1), second subparagraph, point (a), of this Regulation.