Beneficial Ownership Declaration for the United Kingdom

Beneficial Ownership Declaration Template for England and Wales

A Beneficial Ownership Declaration is a formal document required under English and Welsh law that identifies and details the natural persons who ultimately own or control a legal entity. It forms part of the UK's anti-money laundering and corporate transparency framework, requiring disclosure of individuals holding more than 25% of shares or voting rights, or who otherwise exercise significant control over the entity. This declaration must comply with the Companies Act 2006 and related regulations.

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What is a Beneficial Ownership Declaration?

The Beneficial Ownership Declaration is a critical compliance document required by UK legislation to enhance corporate transparency and combat financial crime. It must be filed with relevant authorities when establishing or updating records of who ultimately owns or controls a company. The declaration includes detailed information about beneficial owners, including their personal details, the nature and extent of their control, and verification of their status. This document is fundamental to maintaining compliance with the Companies Act 2006 and anti-money laundering regulations in England and Wales.

What sections should be included in a Beneficial Ownership Declaration?

1. Declaration Details: Date, place, and declarant information including formal declaration opening

2. Entity Information: Details of the company or entity for which beneficial ownership is being declared, including registration number, registered office, and jurisdiction

3. Beneficial Owner Details: Personal information of beneficial owner(s) including full name, date of birth, nationality, residential address, and service address

4. Nature of Control: Specification of control mechanisms including shareholding percentage, voting rights percentage, board appointment rights, and other forms of significant control

5. Verification Statement: Declaration of truth and accuracy, including statement of understanding regarding criminal liability for false declarations

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

1. Corporate Structure Details: Detailed explanation of ownership chain when ownership structure involves multiple corporate entities or complex holding structures

2. Trust Declaration: Details of trust arrangements including trustee information, nature of trust, and beneficiary details where beneficial ownership involves trust structures

3. Change History: Record of previous beneficial ownership changes including dates and nature of changes when updating existing declarations

What schedules should be included in a Beneficial Ownership Declaration?

1. Ownership Structure Chart: Visual representation of ownership structure showing all relevant entities and ownership percentages

2. Supporting Documents List: Schedule listing all documents provided as evidence of beneficial ownership claims

3. Register Entries: Copies or extracts of relevant PSC register entries and other official documentation

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Industries

Companies Act 2006 (Part 21A): Primary legislation governing PSC (People with Significant Control) Register requirements and corporate transparency in the UK. Particularly Part 21A which details requirements for companies to maintain a register of people with significant control.

Small Business, Enterprise and Employment Act 2015: Introduced changes to company law requiring greater transparency about who owns and controls UK companies, including the requirement to keep a PSC register.

Money Laundering Regulations 2017: Sets out detailed requirements for due diligence, risk assessment, and beneficial ownership information collection as part of anti-money laundering compliance.

Economic Crime Act 2022: Recent legislation introducing the Register of Overseas Entities and enhancing transparency requirements for foreign owners of UK property and companies.

4th Anti-Money Laundering Directive: EU directive (implemented in UK law) setting standards for beneficial ownership transparency and establishing central registers of beneficial ownership information.

5th Anti-Money Laundering Directive: Enhanced EU requirements (implemented in UK law) for beneficial ownership registers, including public access to information and increased interconnection of registers.

PSC Register Requirements: Regulatory framework requiring UK companies to maintain a register of people with significant control, defined as those holding more than 25% of shares or voting rights.

Companies House Filing: Regulatory requirements for submitting and updating beneficial ownership information to the UK's central company registry.

Register of Overseas Entities: New register requiring foreign entities owning UK property to declare their beneficial owners and managing officers to Companies House.

Direct Ownership Controls: Regulatory provisions concerning straightforward ownership of shares or voting rights in a company.

Indirect Ownership Controls: Provisions dealing with ownership through chains of entities or other indirect means of control.

Director Appointment Rights: Regulations concerning the right to appoint or remove directors as a form of company control.

Significant Influence Criteria: Guidelines defining what constitutes significant influence or control over a company beyond traditional ownership metrics.

Record-keeping Obligations: Requirements for maintaining accurate and current records of beneficial ownership information and related documentation.

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