Artikel 61 Ermittlung der wirtschaftlichen Eigentümer von Organismen für gemeinsame Anlagen

This article establishes a specific exception to the general rules on identifying beneficial owners of legal entities and legal arrangements (set out in Articles 51 and 58).

It carves out a tailored definition of beneficial ownership that applies specifically to collective investment undertakings, recognising that their structure does not fit neatly into the standard ownership and control frameworks used elsewhere in the regulation.

Important points:

• For collective investment undertakings, apply a specific beneficial ownership test based on three alternative conditions: holding 25% or more of units, the ability to define or influence investment policy, or control through other means.
• This article operates as a derogation, meaning the general beneficial ownership rules in Articles 51 and 58 do not apply to collective investment undertakings.
• Any one of the three conditions is sufficient on its own to qualify a natural person as a beneficial owner.