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Beneficial Ownership

Beneficial Ownership

Discover who are the real owners of a company.

What is Beneficial Ownership?

The beneficial ownership allows you to identify the ultimate owners of a company.

According to the legal definition, a beneficial owner is a natural person(s) who ultimately owns directly or indirectly controls more than 25 percent of a corporate person's capital or voting rights or otherwise exercises direct or indirect control over a legal person.

What is Beneficial Ownership?

Why is it important to know the beneficial owner of a company?

The Money Laundering Prevention Law of 2010 marks the beginning of the obligation to identify the beneficial owners of a public deed. From that date on, all constituted companies must include within their deed their beneficial ownership deed. The deed is compulsory for companies created before this Law and must be notarized.

This document is necessary to formalise any commercial business. In addition, when the company has to carry out a procedure that has to be notarized, the notary public must identify the beneficial owners of the participations. From 1st July 2017, beneficial owners must be identified if they meet one of the following assumptions:

  • Operate in transactions with amounts exceeding 15,000 euros.
  • Operate in transactions with any risk indicator.
  • Are involved in certain legal acts, such as securities purchase and sale or capital increases and reductions.

Other cases in which you are interested in knowing the beneficial ownership of a company

  • Avoid reputational risks.
  • Obtain relevant information about the beneficial owner.
  • Know the (direct or indirect) type of shareholding.
  • Access information on the companies involved.
Why is it important to know the beneficial owner of a company?

We help you to comply with beneficial owners identification legislation.

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How do I obtain the beneficial ownership certificate?

At INFORMA we offer two ways of obtaining and knowing the beneficial ownership of a company for those obliged to present it:

The Registrars service

This service obtains beneficial ownership information from the financial statements filing forms. You will find information on beneficial owners, ownership percentages and companies involved.

The Notaries service

In this case, the notaries directly enrich the database, as they are obliged to identify the owners of legal entities and cannot authorise transactions carried out by legal entities without identifying their beneficial owner(s). You will receive information on beneficial owners, veracity degree and participation.

You could consult all the Beneficial Ownership information via web, Batch files or with the API integration.

Additional information

How do I obtain the beneficial ownership certificate?