The Ministry of Finance reminds that on July 13, 2020 the deadline for submitting information on actual beneficiaries to the Central Register of Real Beneficiaries (CRBR) expires. The obligation applies to companies that were entered into the National Court Register (KRS) before the entry into force of the provisions on CRBR, i.e. before October 13, 2019. Companies that were entered into the National Court Register after October 13, 2019 are required to submit data to CRBR no later than within 7 days from the date of entry into the National Court Register.
One of the main tasks of CRBR is counteracting money laundering and terrorist financing. Having accurate and up-to-date data on actual beneficiaries is crucial to combat these phenomena, as it prevents criminals from concealing their identity in a complex corporate structure. The public nature of the register, enabling free access to information on real beneficiaries, also ensures greater control of information by civil society and contributes to increasing confidence in the financial market and economic participants.
Spółka z o.o. ( LLC) as well as all other commercial law companies (except for a partner company) are subject to the obligation to notify their actual beneficiaries to the Central Register.
Who is the real beneficiary?
The real beneficiary is always a natural person who, directly or indirectly – through his rights resulting from legal or factual acts – exerts a decisive influence on the company’s activities. This is the general definition, while the Act also introduces additional provisions to help the beneficiary determine. And so the real beneficiary in capital companies (because only these companies are legal entities) is always:
1) a shareholder holding more than 25% of the total number of shares in this legal person;
2) a natural person having more than 25% of the total number of votes in the company’s decision-making body, also as a pledgee or user, or on the basis of agreements with other persons entitled to vote;
3) a natural person exercising control over a company which jointly has the right to ownership of more than 25% of the total number of shares or stocks, or jointly holding more than 25% of the total number of votes in the body, also as a pledgee or user, or on the basis of agreements with other authorized persons to the voice;
4) a natural person exercising control over the company by having rights arising from the management of the parent.
Reporting data to CRBR
The method and procedure for submitting applications to the CRBR, as well as the method for preparing and submitting requests for information, along with the procedure for submitting and sharing, is governed by the ordinances of the Minister of Finance:
Regulation of the Minister of Finance of May 16, 2018 on reporting information on actual beneficiaries – Journal of Laws 2018 item 968.
Regulation of the Minister of Finance of May 16, 2018 regarding requests for access to information on actual beneficiaries and access to such information – Journal of Laws 2018 item 965.
Who reports data to CRBR
Data to the Central Register of Real Beneficiaries (CRBR) is submitted only by a person authorized to represent the company.
It is not possible to entrust this task to other persons (pursuant to Article 61 (1) of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2019, item 1115, as amended) .
How to report data to CRBR
The application to CRBR is submitted free of charge in electronic form on the website crbr.podatki.gov.pl
Based on Article. 61 of the Act of 1 March 2018 on counteracting money laundering and terrorist financing, we are talking about a notification that is submitted in the form of an electronic document, in accordance with the template provided by the minister competent for public finance.
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