Article 12 Specific access rules to beneficial ownership registers for persons with legitimate interest

1. the name of the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;;

2. the month and year of birth of the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;;

3. the country of residence and nationality or nationalities of the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;;

4. for beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of legal entities, the nature and extent of the beneficial interest held;

5. for beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of express trustsmeans a trust intentionally set up by the settlor, inter vivos or on death, usually in a form of written document, to place assets under the control of a trustee for the benefit of a beneficiary or for a specified purpose; or similar legal arrangementsmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;, the nature of the beneficial interest.

In addition to the information referred to in the first subparagraph of this paragraph, Member States shall ensure that any natural or legal persons referred to in paragraph 2, points (a), (b) and (e), also has access to historical information on the beneficial ownership of the legal entity or the legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso;, including of legal entities or legal arrangementsmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; that have been dissolved or ceased to exist in the preceding 5 years, as well as a description of the control or ownership structure.

Access pursuant to this paragraph shall be granted through electronic means. However, Member States shall ensure that natural and legal persons who can demonstrate a legitimate interest are also able to access the information in other formats if they are unable to use electronic means.

1. persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money launderingmeans the conduct set out in Article 3, paragraphs 1 and 5, of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;, its predicate offences or terrorist financingmeans the conduct set out in Article 11 of Directive (EU) 2017/541 including aiding and abetting, inciting and attempting to commit that conduct, whether carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;;

2. civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money launderingmeans the conduct set out in Article 3, paragraphs 1 and 5, of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;, its predicate offences or terrorist financingmeans the conduct set out in Article 11 of Directive (EU) 2017/541 including aiding and abetting, inciting and attempting to commit that conduct, whether carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;;

3. natural or legal persons likely to enter into a transaction with a legal entity or legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; and who wish to prevent any link between such a transaction and money launderingmeans the conduct set out in Article 3, paragraphs 1 and 5, of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;, its predicate offences or terrorist financingmeans the conduct set out in Article 11 of Directive (EU) 2017/541 including aiding and abetting, inciting and attempting to commit that conduct, whether carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;;

4. entities subject to AML/CFT requirements in third countriesmeans any jurisdiction, independent state or autonomous territory that is not part of the Union and that has its own AML/CFT legislation or enforcement regime;, provided they can demonstrate the need to access the information referred to in paragraph 1 in relation to a legal entity or legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; to perform customer due diligence in respect of a customer or prospective customer pursuant to AML/CFT requirements in those third countriesmeans any jurisdiction, independent state or autonomous territory that is not part of the Union and that has its own AML/CFT legislation or enforcement regime;;

5. third-country counterparts of Union AML/CFT competent authoritiesmeans:a Financial Intelligence Unit (FIU);a supervisory authority;a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;a public authority with designated responsibilities for combating money laundering or terrorist financing; provided they can demonstrate the need to access the information referred to in paragraph 1 in relation to a legal entity or legal arrangementmeans an express trust or an arrangement which has a similar structure or function to an express trust, including fiducie and certain types of Treuhand and fideicomiso; to perform their tasks under the AML/CFT frameworks of those third countriesmeans any jurisdiction, independent state or autonomous territory that is not part of the Union and that has its own AML/CFT legislation or enforcement regime; in the context of a specific case;

6. Member State authorities in charge of implementing Title I, Chapters II and III of Directive (EU) 2017/1132, in particular the authorities in charge of the registration of companies in the register referred to in Article 16 of that Directive, and Member State authorities responsible for scrutinising the legality of conversions, mergers and divisions of limited liability companies pursuant to Title II of that Directive;

7. programme authorities identified by Member States pursuant to Article 71 of Regulation (EU) 2021/1060, in respect of beneficiaries of Union fundsor ‘property’ means property as defined in Article 2, point (2), of Directive (EU) 2018/1673;;

8. public authorities implementing the Recovery and Resilience Facility under Regulation (EU) 2021/241, in respect of beneficiaries under the Facility;

9. Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure;

10. providers of AML/CFT products, to the strict extent that products developed on the basis of the information referred to in paragraph 1 or containing that information are provided only to customers that are obliged entitiesmeans a natural or legal person listed in Article 3 of Regulation (EU) 2024/1624 that is not exempted in accordance with Article 4, 5, 6 or 7 of that Regulation; or competent authoritiesmeans:a Financial Intelligence Unit (FIU);a supervisory authority;a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;a public authority with designated responsibilities for combating money laundering or terrorist financing; provided that those providers can demonstrate the need to access the information referred to in paragraph 1 in the context of a contract with an obliged entitymeans a natural or legal person listed in Article 3 of Regulation (EU) 2024/1624 that is not exempted in accordance with Article 4, 5, 6 or 7 of that Regulation; or a competent authoritymeans:a Financial Intelligence Unit (FIU);a supervisory authority;a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;a public authority with designated responsibilities for combating money laundering or terrorist financing;.

1. the list of public authorities that are entitled to consult beneficial ownership information pursuant to paragraph 2, points (f), (g) and (h), and the public authorities or categories of public authorities that are entitled to consult beneficial ownership information pursuant to paragraph 2, point (i);

2. any additional category of persons who have been found to have a legitimate interest to access beneficial ownership information identified in accordance with paragraph 2, second subparagraph.

Member States shall notify the Commission of any change or addition to the categories referred to in the first subparagraph without delay, and in any case within 1 month of its occurrence.

The Commission shall make the information received pursuant to this paragraph available to the other Member States.

Member States shall ensure that the central registers keep records of the persons accessing the information pursuant to this Article and are able to disclose them to the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; when they file a request pursuant to Article 15(1), point (c), of Regulation (EU) 2016/679.

1. persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money launderingmeans the conduct set out in Article 3, paragraphs 1 and 5, of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;, its predicate offences or terrorist financingmeans the conduct set out in Article 11 of Directive (EU) 2017/541 including aiding and abetting, inciting and attempting to commit that conduct, whether carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;;

2. civil society organisations that are connected with the prevention or combating of money launderingmeans the conduct set out in Article 3, paragraphs 1 and 5, of Directive (EU) 2018/1673 including aiding and abetting, inciting and attempting to commit that conduct, whether the activities which generated the property to be laundered were carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;, its predicate offences or terrorist financingmeans the conduct set out in Article 11 of Directive (EU) 2017/541 including aiding and abetting, inciting and attempting to commit that conduct, whether carried out on the territory of a Member State or on that of a third country; knowledge, intent or purpose required as an element of that conduct may be inferred from objective factual circumstances;.

In addition, Member States shall ensure that entities in charge of the central registers refrain from disclosing the identity of any third-country counterpart of Union AML/CFT competent authoritiesmeans:a Financial Intelligence Unit (FIU);a supervisory authority;a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;a public authority with designated responsibilities for combating money laundering or terrorist financing; referred to in Article 2(1), point 44(a) and (c), of Regulation (EU) 2024/1624, for as long as necessary to protect the analyses or investigations of that authority.

In relation to the persons referred to in points (a) and (b) of the second subparagraph of this paragraph, Member States shall ensure that where beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; file a request pursuant to Article 15(1), point (c), of Regulation (EU) 2016/679, they are provided with information on the function or occupation of the persons having consulted their beneficial ownership information.

For the purposes of the third subparagraph, when requesting access to beneficial ownership information pursuant to this Article, the authorities shall indicate the period for which they request the central registers to refrain from disclosure, which shall not exceed 5 years, and the reasons for that restriction, including how the provision of the information would jeopardise the purpose of their analyses and investigations. Member States shall ensure that, where central registers do not disclose the identity of the entity having consulted the beneficial ownership information, any extension of that period shall only be granted on the basis of a justified request by the authority in the third countrymeans any jurisdiction, independent state or autonomous territory that is not part of the Union and that has its own AML/CFT legislation or enforcement regime;, for a maximum period of 1 year, after which a new justified request for extension shall be submitted by that authority.