Source: OJ L, 2024/1624, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Anti-money laundering regulation (AMLR)
Article 54 Coexistence of ownership interest and control in the ownership structure
Summary What does Article 54 of the Anti-money laundering regulation (AMLR) say?
This article addresses a specific and complex scenario in beneficial ownership identification: what happens when a corporate entity is owned through a multi-layered structure where ownership interest and control coexist at different levels of the same chain.
It builds directly on the general beneficial ownership rules established in Articles 51 to 53, providing targeted guidance for these more intricate ownership arrangements.
The article essentially ensures that in such layered structures, no beneficial owner can be obscured by the complexity of the chain itself.
Important points:
- In multi-layered ownership structures where ownership and control coexist at different layers, identify beneficial owners at both levels of that chain.
- Beneficial owners include natural persons who control legal entities that have a direct ownership interest in the corporate entity.
- Beneficial owners also include natural persons who hold an ownership interest in a corporate entity that itself controls the target corporate entity.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Where corporate entities are owned through a multi-layered ownership structure, and in one or more chains of that structure the ownership interest and the control coexist in relation to different layers of the chain, the beneficial owners shall be:
the natural persons who control, directly or indirectly, through ownership interest or via other means, legal entities that have a direct ownership interest in the corporate entity, whether individually or cumulatively;
the natural persons who, whether individually or cumulatively, directly or indirectly, have an ownership interest in the corporate entity that controls, through ownership interest or via other means, the corporate entity, directly or indirectly.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
express trust
Definition
legal arrangement
Definition
beneficial owner