UBO register: game changer
On November 26, 2019, Onno Cusell and Dennis Evertsz, representing Wintertaling, along with Tony de Bree, gave a presentation on the upcoming UBO legislation and regulations. The presentation focused on the content of the UBO register, the privacy of individuals and companies included in this register, and the extent to which companies must go in identifying and verifying their customers.
UBO stands for "Ultimate Beneficial Owner." This is the natural person who ultimately owns or controls a company, foundation, or association (a legal entity). The UBO register is intended to provide transparency about who is in charge of legal entities established in the Netherlands. The purpose of the register is to combat financial and economic crime, such as money laundering or terrorist financing.
On January 10, 2020 The UBO register will be introduced. This date marks the start of the obligation for companies to register their owners or the persons who have control in a UBO register. Legal entities have until June 30, 2021 (so, just under a year and a half) to register the UBO in the Chamber of Commerce's trade register. Legal entities established on or after January 10, 2020, must immediately indicate who the UBO is when registering in the trade register.
Since the introduction of the UBO register, the reporting obligation in effect for the so-called Wwft institutions (banks, lawyers, notaries, tax specialists, real estate agents, etc.). The Wwft institutions thus in fact become unpaid investigative officers who must check whether the UBOs specified in the trade register are correct or not.
Update:
The introduction of the UBO register has been postponed. The Senate scheduled the preliminary investigation for the consideration of this bill on January 28, 2020, so the deadline of January 10, 2020, will not be met. An exact date is not yet known; the cabinet intends to implement it in early 2020.
If you have any questions about the UBO legislation and regulations and the UBO register, please contact Onno Cusell or Dennis Evertsz. The presentation is here to be found.
