DEFINITION OF A REAL COMPANY BENEFICIARY:

The real beneficiary of the company are natural persons:

• exercising direct or indirect control over the company through their powers, which result from legal or factual circumstances, enabling them to exert a decisive influence on the activities or actions taken by the company,
• on behalf of whom business relations are established or an occasional transaction is carried out.

For limited liability companies, non-public joint-stock companies and a simple joint-stock company, the real beneficiary is natural person:

• being a shareholder of the company holding more than 25% of the total number of shares in the company,
• holding over 25% of the total number of votes in the company's governing body as a pledgee, user or under agreements with other voting rights,
• exercising control over a legal person or legal persons who jointly have ownership over 25% of the total number of shares or hold over 25% of the total number of votes in the company's governing body as a pledgee, user or under agreements with other voting rights,
• exercising control over a subsidiary in accordance with § 3 sec. 1 point 37 UoR,
• occupying a senior management position, in the case of documented inability to establish the identity of the above-mentioned natural persons and in the event of no suspicions of money laundering or terrorist financing.

ENTITIES OF NOTIFICATION:

The obligation to report and update information in CRBR about their actual beneficiaries lies with the companies:

• transparent,
• limited partnerships,
• partnerships limited by shares,
• with limited liability,
• joint stock companies, except for public companies,
• simple shares - from March 01, 2020.

SUBJECT OF NOTIFICATION:

The Central Register of Real Beneficiaries contains identification data:

• a company obliged to report and update information in CRBR (name, organizational form, seat, KRS, NIP)
• real beneficiaries and shareholders / shareholders / partners authorized to represent the company, including name and surname, citizenship, country of residence, PESEL, information on the size and nature of participation or rights vested in real beneficiaries

DEADLINES FOR SUBMISSION:

• companies entered into the National Court Register from October 13, 2019 -> report real beneficiaries within 7 working days from the date of entry into the National Court Register,
• companies entered into the National Court Register before October 13, 2019 -> report real beneficiaries until April 13, 2020.

REPORT THE ACTUAL BENEFICIARY

WARNING !! The application is made by a person authorized to represent the company. A correctly registered application receives a reference number. The assigned reference number should be recorded in order to collect the official receipt (UPO) and check the application. The person making the report bears Fr.dpowiedzialność for damage caused by providing untrue information or not reporting within the statutory deadline, unless the damage occurred as a result of force majeure or solely due to the fault of the injured party or a third party for which the reporting person is not responsible.