Chapter 3 Transparency and Beneficial Owner
Part 1 Requirements of Company Registrar and Companies
Article (34)
- The Registrar shall provide information regarding legal persons in the State and make it available to the public as follows:
- The types, different forms and basic features of legal persons
- The processes for the creation of those legal persons
- The processes for obtaining its basic information as stipulated in paragraph (b), Clause (1), of Article (8) of this Decision
- The processes for obtaining information about the Beneficial Owner.
- The types, different forms and basic features of legal persons
- The Registrar shall undertake to maintain and keep the up-to-date basic information defined in paragraph (b), Clause (1), of Article (8) of this Decision, ensure its accuracy and make it available to the public
- Upon registering companies, the Registrar shall commit to receive the data of the Beneficial Owner of the company as stipulated in Clause (Error! Reference source not found.) of Article (9) of this Decision and make sure it remains up to date accurate, and available to the Competent Authorities.
- The Registrar shall provide information regarding legal persons in the State and make it available to the public as follows:
Article (35)
- Companies shall be required to maintain the information set out in paragraph (b), Clause (1) of Article (8) of this Decision and a register of all their shareholders containing the number of shares held by each shareholder and categories of shares, if any, including the voting rights and providing this register to the Registrar after ensuring its accuracy.
- Companies shall undertake to maintain and make available the data mentioned in Clause (Error! Reference source not found.) of Article (9) of this Decision to the Registrar at all times and upon request, update such data within 15 business days upon its amendment or change and ensure to keep this information up-to-date and accurate on an ongoing basis and assist the Registrar in documenting such information if so required.
- Companies shall have one or more natural persons residents of the State and authorised to disclose to the Registrar all information contained in Clauses (1) and (2) of this Article
- Any company established or registered in the State shall be prohibited from issuing share warrants to bearer.
- Companies that permit the issuance of nominee shares in the name of individuals or members of the board of directors shall be required to disclose those shares and the identities of the members of the board of directors to the Registry for the purpose of registering them.
- Companies shall be required to maintain the information set out in paragraph (b), Clause (1) of Article (8) of this Decision and a register of all their shareholders containing the number of shares held by each shareholder and categories of shares, if any, including the voting rights and providing this register to the Registrar after ensuring its accuracy.
Article (36)
The Registrar and the companies, or the administrators or liquidators or any other stakeholder involved in the dissolution of the company, shall maintain records and all information as mentioned in Article (34) and Article (35) for at least five years from the date in which the company is dissolved or otherwise ceased to exist.
Part 2 Requirements of Legal Arrangements
Article (37)
- The Trustees in Legal arrangements are required to information about the Beneficial Owner as prescribed in Clause (Error! Reference source not found.) of Article (9) of this Decision.
- The Trustees in Legal Arrangements are required to maintain basic information relating to intermediaries, who are subject to supervision, and service providers, including consultants, investors, directors, accountants and tax advisors.
- The information mentioned in Clauses (1) and (2) of this Article shall be maintained accurately and updated within 15 days if it is amended or changed and legal arrangement representatives shall be required to maintain this information for at least five years from the date of the end of their involvement with the legal arrangement.
- The Competent Authorities, and in particular Law Enforcement Authorities, shall request and obtain information held by trustees, Financial Institutions, or DNFBPs, without delay, relating to the following:
- The Beneficial Ownership of legal arrangements
- The residence of the Trustee
- The funds that are held or managed by the Financial Institution or DNFBP in relation to any trustees with which they have a Business Relationship, or for which they undertake an occasional Transaction.
- The Beneficial Ownership of legal arrangements
- The Trustees in Legal arrangements are required to information about the Beneficial Owner as prescribed in Clause (Error! Reference source not found.) of Article (9) of this Decision.
Part 3 Prohibition of Invocation of Banking, Professional or Contractual Secrecy
Article (38)
It is prohibited to invoke banking, professional or contractual secrecy as a pretext to prevent application of the provisions of the Decretal-Law and this Decision in the following cases:
- Exchange of information among Financial Institutions whenever it is related to Correspondent Banking or Wire Transfers and the reliance on regulated third party relationships in accordance with Articles (19), (25), and (27) to (30) of this Decision.
- Exchange of information among Competent Authorities at the domestic or international level in relation to the combating of the Crime.
- Exchange of information among Financial Institutions whenever it is related to Correspondent Banking or Wire Transfers and the reliance on regulated third party relationships in accordance with Articles (19), (25), and (27) to (30) of this Decision.
Part 4 Confidentiality of information
Article (39)
- Any person who obtains information related to a suspicious transaction or any of the crimes stipulated in the Decretal-Law shall be bound by its confidentiality and not disclosed except to the extent necessary for its use in investigations, prosecutions or cases in violation of the provisions of the Decretal-Law and this Decision.
- In all cases, it is not permissible to contact the Customer directly or indirectly to notify him of the actions taken, except at the written request of the competent Supervisory Authority.
- Any person who obtains information related to a suspicious transaction or any of the crimes stipulated in the Decretal-Law shall be bound by its confidentiality and not disclosed except to the extent necessary for its use in investigations, prosecutions or cases in violation of the provisions of the Decretal-Law and this Decision.