Art. 74 Amendments to Directive (EU) 2015/849 | Sixth anti-money laundering (AML 6) directive | AML

This article makes targeted amendments to the existing fourth Anti-Money Laundering Directive (Directive (EU) 2015/849), specifically updating the access rules for beneficial ownership information held in registers.

It modifies two separate provisions — one covering legal entities and one covering trusts and similar legal arrangements — to align the access framework with the new regime being established.

In both cases, the changes standardise who can access beneficial ownership information and what data they are entitled to see.

Important points:

Member States are required to ensure beneficial ownership information is accessible without restriction to competent authorities and FIUs, and within customer due diligence frameworks to obliged entities.
Any person or organisation able to demonstrate a legitimate interest may also access beneficial ownership information, covering both legal entity registers and trust registers.
The minimum information accessible to those demonstrating a legitimate interest is the beneficial owner's name, month and year of birth, country of residence and nationality, as well as the nature and extent of the beneficial interest held.

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 authorities and FIUs, without any restriction;
obliged entities, 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 owner 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 arrangement is accessible in all cases to:
competent authorities and FIUs, without any restriction;
obliged entities, 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 owner, as well as nature and extent of beneficial interest held.’.