Source: OJ L, 2024/1624, 19.6.2024

Current language: EN

Article 57 Identification of beneficial owners for legal entities similar to express trust


    1. In the case of legal entities other than those referred to in Article 51, similar to express trustmeans 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;, such as foundations, the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; shall be all the following natural persons:

      1. the founders;

      2. the members of the management body in its management functionmeans the management body responsible for the day-to-day management of the obliged entity;;

      3. the members of the management body in its supervisory functionmeans the management body acting in its role of overseeing and monitoring management decision-making;;

      4. the beneficiaries, unless Article 59 applies;

      5. any other natural person, who controls directly or indirectly the legal entity.

    1. In cases where legal entities referred to in paragraph 1 belong to multi-layered control structures, where any of the positions listed in paragraph 1 is held by a legal entity, beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of the legal entity referred to in paragraph 1 shall be:

      1. the natural persons listed in paragraph 1; and

      2. the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of the legal entities that occupy any of the positions listed in paragraph 1.

    1. Member States shall notify to the Commission by 10 October 2027 a list of types of legal entities, of which the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; are identified in accordance with paragraph 1.

    2. The notification referred to in the first subparagraph shall be accompanied by a description of:

      1. the form and basic features of those legal entities;

      2. the process through which they can be set up;

      3. the process for accessing basic informationmeans:in relation to a legal entity:legal form and name of the legal entity;instrument of constitution, and the statutes if they are contained in a separate instrument;address of the registered or official office and, if different, the principal place of business, and the country of creation;a list of legal representatives;where applicable, a list of shareholders or members, including information on the number of shares held by each shareholder and the categories of those shares and the nature of the associated voting rights;where available, the registration number, the European Unique identifier, the tax identification number and the Legal Entity Identifier;in the case of foundations, the assets held by the foundation to pursue its purposes;in relation to a legal arrangement:the name or unique identifier of the legal arrangement;the trust deed or equivalent;the purposes of the legal arrangement, if any;the assets held in the legal arrangement or managed through it;the place of residence of the trustees of the express trust or persons holding equivalent positions in the similar legal arrangement, and, if different, the place from where the express trust or similar legal arrangement is administered; and beneficial ownership information on those legal entities;

      4. the websites at which the central registers containing information on beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of those legal entities can be consulted and contact details of the entities in charge of those registers.

    1. The Commission may adopt, by means of an implementing act, a list of types of legal entities governed by the law of Member States which should be subject to the requirements of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 86(2).

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