Art. 63 Obligations of legal entities | Anti-money laundering regulation (AMLR) | AML

1. All legal entities created in the Union shall obtain and hold adequate, accurate and up-to-date beneficial ownership information.
2. Legal entities shall provide, in addition to information about their legal owners, information on the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; to obliged entities where the obliged entities are applying customer due diligence measures in accordance with Chapter III.
1. A legal entity shall report beneficial ownership information to the central register without undue delay after its creation. Any change to that information shall be reported to the central register without undue delay and, in any case, within 28 calendar days thereof. The legal entity shall regularly verify that it holds up-to-date information on its beneficial ownership. As a minimum, such verification shall be performed annually whether as a self-standing process or as part of other periodical processes, such as the submission of financial statement.
2. The beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; of a legal entity as well as the legal entities and, in the case of 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;, their trustees or persons holding an equivalent position, which are part of the ownership or control structure of a legal entity, shall provide that legal entity with all the information necessary for the legal entity to comply with the requirements of this Chapter or to respond to any request for additional information received pursuant to Article 10(4) of Directive (EU) 2024/1640.
1. Where, having exhausted all possible means of identification pursuant to Articles 51 to 57, no person is identified as beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;, or where there is substantial and justified uncertainty on the part of the legal entity that the persons identified are the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;, legal entities shall keep records of the actions taken in order to identify their beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement;.
1. In the cases referred to in paragraph 3 of this Article, when providing beneficial ownership information in accordance with Article 20 of this Regulation and Article 10 of Directive (EU) 2024/1640, legal entities shall provide the following:
  1. a statement that there is no beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; or that the beneficial ownersmeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; could not be determined, accompanied by a justification as to why it was not possible to determine the beneficial ownermeans any natural person who ultimately owns or controls a legal entity or an express trust or similar legal arrangement; in accordance with Articles 51 to 57 of this Regulation and what constitutes uncertainty about the ascertained information;
  2. the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the information required under Article 62(1), second subparagraph, point (a) of this Regulation.
2. For the purpose of this paragraph, ‘senior managing officials’ means the natural persons who are the executive members of the management bodymeans an obliged entity’s body or bodies, which are appointed in accordance with national law, which are empowered to set the obliged entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making, and include the persons who effectively direct the business of the obliged entity; where no such body exists, the person who effectively directs the business of the obliged entity;, as well as the natural persons who exercise executive functions within a legal entity and are responsible, and accountable to the management bodymeans an obliged entity’s body or bodies, which are appointed in accordance with national law, which are empowered to set the obliged entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making, and include the persons who effectively direct the business of the obliged entity; where no such body exists, the person who effectively directs the business of the obliged entity;, for the day-to-day management of the entity.
1. Legal entities shall make the information collected pursuant to this Article available, upon request and without delay, 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;.
1. The information referred to in paragraph 4 shall be maintained for 5 years after the date on which the legal entities are dissolved or otherwise cease to exist, whether by persons designated by the entity to retain the documents, or by administrators or liquidators or other persons involved in the dissolution of the entity. The identity and contact details of the person responsible for retaining the information shall be reported to the central registers.