The Beneficial Ownership Declaration Form is a crucial compliance document required by Dutch law as part of the implementation of EU Anti-Money Laundering Directives. This form must be completed and submitted to the Dutch Trade Register (KVK) by all legal entities registered in the Netherlands, with few exceptions. It was introduced following the Implementation Act UBO Register that came into effect on September 27, 2020. The form captures essential information about individuals who ultimately own or control legal entities, including their personal details, the nature and extent of their beneficial interest, and the control structure of the entity. It serves as a key tool in maintaining transparency in corporate ownership and supporting global efforts to combat money laundering and terrorist financing.
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1. 1. Declaration Details: Date, reference number, and type of declaration (initial/update)
2. 2. Legal Entity Information: Details of the entity making the declaration including legal name, registration number, legal form, and registered address
3. 3. Contact Person Details: Information about the person completing the form and their authority to do so
4. 4. Beneficial Owner Information: Detailed information about each beneficial owner including personal details, nature and extent of beneficial interest
5. 5. Ownership Structure: Description of how the beneficial ownership is held, including direct and indirect interests
6. 6. Control Structure: Information about control rights, voting rights, and other means of exercising control
7. 7. Privacy Notice: GDPR-compliant privacy statement regarding the processing of personal data
8. 8. Declarations and Certifications: Formal declarations about the accuracy of information and compliance with UBO requirements
1. Senior Managing Official Details: Required only when no beneficial owner can be identified or there is doubt about the identified beneficial owner
2. Group Structure Diagram: Optional visual representation of the ownership and control structure
3. Historical Ownership Information: Required only for updates to existing declarations, showing changes in ownership
4. Exempt Status Declaration: Required only for entities claiming exemption from certain UBO requirements
5. Additional Control Mechanisms: Optional section for describing any additional control mechanisms such as shareholder agreements or special rights
1. Schedule 1: Identification Documents: List and copies of required identification documents for beneficial owners
2. Schedule 2: Supporting Documentation: Additional documents supporting the beneficial ownership structure (e.g., share certificates, corporate documents)
3. Schedule 3: Notes and Instructions: Detailed instructions for completing the form and explanations of key terms
4. Appendix A: Definition of Terms: Detailed definitions of key terms used in the form, including 'beneficial owner', 'control', and 'interest'
5. Appendix B: UBO Thresholds Reference: Reference guide showing relevant thresholds for UBO determination under Dutch law
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