Legal Templates
Beneficial Ownership Declaration

Beneficial Ownership Declaration for Germany

Beneficial Ownership Declaration Template for Germany

A Beneficial Ownership Declaration is a mandatory regulatory document under German law, specifically the Geldwäschegesetz (GwG), that identifies and discloses the natural persons who ultimately own or control a legal entity. This document requires detailed information about individuals holding 25% or more of shares or voting rights, or who exercise control through other means. It forms a crucial part of Germany's anti-money laundering and financial transparency framework, aligning with EU AML directives and requiring regular updates when ownership changes occur.

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What is a Beneficial Ownership Declaration?

The Beneficial Ownership Declaration is a fundamental component of Germany's anti-money laundering and financial transparency framework. This document is required whenever a legal entity engages in significant business activities, opens bank accounts, or updates its ownership information in the transparency register. The declaration must be filed under the German Money Laundering Act (Geldwäschegesetz - GwG) and includes comprehensive details about individuals who ultimately own or control the entity. It's particularly crucial for compliance with EU AML directives and German regulatory requirements, requiring details such as ownership percentages, control mechanisms, and personal information of beneficial owners. The document needs to be updated whenever changes in beneficial ownership occur and forms part of the mandatory documentation for various business activities in Germany.

What sections should be included in a Beneficial Ownership Declaration?

1. 1. Declaring Entity Information: Details of the legal entity making the declaration, including registered name, registration number, legal form, and registered address

2. 2. Declaration Purpose: Specification of why the declaration is being made (e.g., bank account opening, company registration, regulatory compliance)

3. 3. Beneficial Owner Details: Information about each beneficial owner including full name, date of birth, nationality, residential address, and nature and extent of beneficial interest

4. 4. Nature of Control: Specification of how control is exercised (e.g., direct ownership, indirect ownership, voting rights, other means of control)

5. 5. Ownership Structure: Description of the ownership chain and percentage of shares or voting rights

6. 6. Certification: Declaration of accuracy and completeness of information, including date and signature of authorized representative

What sections are optional to include in a Beneficial Ownership Declaration?

1. Complex Ownership Structure Details: Additional section for entities with multi-layer ownership structures or trust arrangements

2. Senior Managing Official Details: Required when no natural person can be identified as beneficial owner or in cases of doubt

3. Historical Ownership Information: Section for declaring previous beneficial owners if there have been recent changes

4. Nominee Arrangements: Details of any nominee shareholders or arrangements, if applicable

5. Foreign Ownership Elements: Additional disclosures required for foreign beneficial owners or entities

What schedules should be included in a Beneficial Ownership Declaration?

1. Schedule 1 - Ownership Structure Chart: Visual representation of the ownership and control structure

2. Schedule 2 - Supporting Documents: List of attached verification documents (e.g., passport copies, company registers)

3. Schedule 3 - Additional Beneficial Owners: Continuation sheet for declarations with multiple beneficial owners

4. Appendix A - Document Checklist: Checklist of required supporting documentation and verifications

5. Appendix B - Declaration Updates Log: Record of any updates or amendments to the beneficial ownership information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Germany

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant legal definitions
Beneficial Owner
Control
Direct Ownership
Indirect Ownership
Legal Entity
Transparency Register
Voting Rights
Senior Managing Official
Ownership Interest
Control Agreement
Declaring Entity
Authorized Representative
Nominee Arrangement
Chain of Ownership
Significant Control
Ultimate Beneficial Owner
Controlling Interest
Share Capital
Voting Agreement
Legal Form
Register Extract
Business Day
Relevant Jurisdiction
Group Structure
Corporate Entity
Natural Person
Ownership Threshold
Control Mechanism
Verification Documents
Material Change
Relevant Industries

Financial Services

Banking

Corporate Services

Legal Services

Real Estate

Investment Management

Insurance

Professional Services

Manufacturing

Retail

Technology

Healthcare

Energy

Transportation

Construction

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Finance

Corporate Affairs

Regulatory Affairs

Company Secretariat

Due Diligence

Relevant Roles

Compliance Officer

Legal Counsel

Corporate Secretary

Managing Director

Chief Financial Officer

Risk Manager

AML Specialist

Company Director

Corporate Governance Officer

Regulatory Affairs Manager

Due Diligence Officer

Board Member

Company Secretary

Financial Controller

Industries
Geldwäschegesetz (GwG): German Money Laundering Act - Primary legislation governing beneficial ownership disclosure requirements, including definitions of beneficial owners, reporting obligations, and transparency register requirements
EU Directive 2015/849 (4th AML Directive): EU Anti-Money Laundering Directive as implemented in German law, setting fundamental requirements for beneficial ownership disclosure and due diligence
EU Directive 2018/843 (5th AML Directive): Updates to AML requirements including enhanced transparency obligations and public access to beneficial ownership information
Handelsgesetzbuch (HGB): German Commercial Code - Provides framework for business registration and disclosure requirements
Transparenzregister- und Finanzinformationsgesetz (TraFinG): Transparency Register and Financial Information Act - Specific legislation governing the maintenance and access of beneficial ownership information in the transparency register
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