Source: OJ L, 2024/1640, 19.6.2024
Current language: EN
- Anti-money laundering
Basic legislative acts
- Sixth anti-money laundering (AML 6) directive
Article 74 Amendments to Directive (EU) 2015/849
Directive (EU) 2015/849 is amended as follows:
in Article 30(5), the first and second subparagraphs are replaced by the following:
Member States shall ensure that the information on the beneficial ownership is accessible in all cases to:
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; and FIUs, without any restriction;
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;, within the framework of customer due diligence in accordance with Chapter II;
any person or organisation that can demonstrate a legitimate interest.
The persons or organisations referred to in point (c) of the first subparagraph shall be permitted to access at least the name, the month and year of birth and the country of residence and nationality of the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; as well as the nature and extent of the beneficial interest held.’
in Article 31(4), the first and second subparagraphs are replaced by the following:
Member States shall ensure that the information on the beneficial ownership of a trust or a similar 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; is accessible in all cases to:
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; and FIUs, without any restriction;
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;, within the framework of customer due diligence in accordance with Chapter II;
any natural or legal person that can demonstrate a legitimate interest to access beneficial ownership information.
The information accessible to natural or legal persons referred to in point (c) of the first subparagraph shall consist of the name, the month and year of birth and the country of residence and nationality of the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;, as well as nature and extent of beneficial interest held.’.
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