Real Beneficiary Statement - Quick Consulting

Real Beneficiary Statement, according to the definition of the law and interpreting the will of the legislator namely: combating money laundering and tax evasion; in the sense of all the state wishes to have no citizens who do not assume the responsibility.

Real Beneficiary Statement Example

In the case of SRL, the associations and administrators declared that they were fictitious in those functions; another person operates in the company. In the case of NGOs, they were also formed by persons who subsequently disappeared, and the association was run by other persons. At the moment when a company / association is constituted at the moment the persons designated in the law: the constituent (s); trustee / fiduciarii; the protector (s), if any; the beneficiaries or, if the persons benefiting from the legal construction or the legal entity have not yet been identified; the category of persons whose main interest is the legal construction or legal entity; or the associates / administrators must give an authentic statement to the notary that they are real beneficiaries in the form of organization. (the management or founding positions, those who formed)

• a declaration will be submitted on its own responsibility, concluded in an authentic form; of the person making the application for registration, which includes the identification data of the real beneficiaries of the association; within the meaning of the regulations in the field of preventing and combating money laundering and terrorist financing.
• If the association is established, it must be submitted within 1 year of the law being published. (7 months left)

Associations

In the case of associations / foundations, we consider that all those who ultimately own or control the client and / or the natural person on whose behalf a transaction, operation or activity is performed. The beneficiaries are the persons concerned by the activity object of the organization; we consider that they wished there were no fictitious beneficiaries. For example, according to art. 4 paragraph 2 lit. c of Law 129/2019, in the case of legal entities such as foundations and legal constructions similar to trusts, the real beneficiary is the natural person (the natural persons) who occupies positions equivalent or similar to those mentioned in letter. b (such as, for example, the founders or the category of persons whose main interest is the foundation or functioning).

In the case of associations and foundations I submit a statement

members in the board of directors for associations; • the founders and members in the board of directors for foundations; • the persons with executive functions empowered by the board of directors of the association or foundation, pursuant to art. 26 and respectively, art. 29 paragraph (7) of the Government Ordinance no. 26/2000 regarding associations and foundations; • natural persons or, if they have not been identified, the category of natural persons in whose main interest the association or foundation was established or functioning; (e.g. natural persons receiving assistance, counseling, help, socio-medical, educational or cultural activities, including children, the elderly, persons with disabilities, etc.); • any other natural person who exercises ultimate control, by any means, over the association or foundation.

Real Beneficiary Statement In short

The associations and foundations have the obligation to declare their real beneficiary, either at the time of their registration in the Register of associations and foundations located at the registry of the court in which the constituency is to have its headquarters; either annually or whenever a change occurs regarding the identification data of the real beneficiary. The statement shall be communicated to the Ministry of Justice by a person empowered by the board of directors of the association or foundation and must be completed in authentic form.

Companies

In the case of companies such as SRL, the administrators and the associations must give this statement. The declaration is given in authentic form. Subsequently it must be submitted to the Trade Register in the form of a dementia file.

The declaration can also be submitted with the establishment file.