Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Legal entities must register in the Commercial Register which natural person is their UBO. The register is publicly accessible to everyone. However the privacy of UBOs is ensured as not everyone can view all personal data.
As from 27 September 2020, the UBO register will be operational. Legal entities must register in the Commercial Register which natural person is their UBO. The register is publicly accessible to everyone. However the privacy of UBOs is ensured as not everyone can view all personal data. What do companies and UBOs have to keep in mind when registering?
Earlier, we informed you about the introduction of a UBO register and the legislative proposal which establishes who the UBO (Ultimate Beneficial Owner) is, which data must be included and which data are to be publicly accessible. As from 27 September 2020, the UBO register will be operational. Legal entities subject to registration are BVs, NVs, CVs, partnerships, foundations and associations which are established in the Netherlands or belong to a foreign company with headquarters or a branch in the Netherlands. A distinction will be made between new and already existing legal entities:
New legal entities established from 27 September 2020, must immediately register their UBO. It will be mandatory for obtaining a Chamber of Commerce number. No extra costs will be involved.
Existing legal entities that were established before the introduction of the UBO register, will receive a letter from the Chamber of Commerce with the request to register their UBOs. As from 27 September 2020, registration of UBOs can be made online, via a form (post) or via a notary. There will be no costs involved. Existing legal entities must have registered before 27 March 2022. Responsibility for this lies with the person to whom the company belongs. If legal entities do not meet the obligations in time, administrative and criminal sanctions may be imposed.
A UBO must always be registered. If it is not possible to designate a UBO, the senior management of the entity must be designated and registered as a pseudo-UBO.
Various privacy-sensitive personal data will be included in the UBO register. For this reason, several measures have been taken to further guarantee the privacy of UBOs. As a result, the UBO register will only be partially accessible. Not everyone will have access to all data. Only Fiscal Intelligence Units (Fiscale Inlichtingen Eenheden; FIEs) and authorised authorities – with an obligation of confidentiality – are granted access to all UBO data. Others will only see the first name and surname, month and year of birth, country of residence and the nature and extent of the economic interest held.
In exceptional cases, access to the public UBO data may be restricted in whole or in part (except for Fiscal Intelligence Units, authorised authorities, financial institutions or notaries). The nature and extent of the economic interest held will remain visible.
Those who wish to consult data in the UBO register must register with the Chamber of Commerce. An identity check of the applicant will then be carried out. In addition, the UBO can, upon request, obtain insight into the number of times the data has been provided to parties other than FIEs and authorised authorities.
Do you have any questions about the UBO register? Would you like to know what data may be required from your UBO? Or would you like us draw up a request to restrict access to your data? The specialists at Russell Advocaten will be happy to assist you. Please contact us:
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