Beneficial Owner Declaration Form for the Netherlands

Beneficial Owner Declaration Form Template for Netherlands

A legally mandated form under Dutch law that documents and declares the ultimate beneficial owners (UBOs) of legal entities registered in the Netherlands. This document complies with the Dutch Implementation of EU AMLD5 and the UBO Register Law, requiring detailed information about individuals who ultimately own or control the entity. The form captures essential information including personal details of beneficial owners, ownership percentages, control structures, and relevant supporting documentation, while ensuring compliance with both anti-money laundering regulations and GDPR requirements.

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What is a Beneficial Owner Declaration Form?

The Beneficial Owner Declaration Form is a crucial compliance document required under Dutch law for legal entities registered in the Netherlands. It was introduced following the implementation of EU Anti-Money Laundering directives and the Dutch UBO Register Law, which mandates the registration of ultimate beneficial owners in the Dutch UBO register. The form must be completed when registering a new entity, updating beneficial ownership information, or upon request from relevant authorities. It contains detailed information about individuals who own or control 25% or more of an entity, either directly or indirectly, including personal information, ownership percentages, and control structures. This document plays a vital role in maintaining transparency in corporate ownership and supporting anti-money laundering efforts in the Netherlands.

What sections should be included in a Beneficial Owner Declaration Form?

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

2. Beneficial Owner Details: Personal information of each beneficial owner including full name, date of birth, nationality, residential address, and identification document details

3. Nature and Extent of Beneficial Interest: Declaration of the percentage of shares, voting rights, or other means of control held by each beneficial owner

4. Control Structure: Description of how control is exercised, including direct or indirect ownership structure

5. Declaration of Truth: Formal declaration that all provided information is accurate and complete

6. Privacy Notice: Information about how the personal data will be processed, stored, and shared in accordance with GDPR

7. Signature Block: Space for authorized representative(s) to sign and date the declaration

What sections are optional to include in a Beneficial Owner Declaration Form?

1. Intermediate Entities: Section for detailing any intermediate entities in the ownership structure, required when ownership is not direct

2. PEP Status Declaration: Declaration regarding whether any beneficial owner is a Politically Exposed Person, required for higher risk relationships

3. Source of Wealth: Information about the origin of the beneficial owners' wealth, required for higher risk relationships or when specifically requested by authorities

4. Tax Residency Information: Details of tax residency of beneficial owners, required when the form is also used for tax purposes

5. Chain of Ownership: Detailed breakdown of the complete ownership chain, required for complex corporate structures

What schedules should be included in a Beneficial Owner Declaration Form?

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

2. Appendix B - Supporting Documentation Checklist: List of required supporting documents such as passport copies, proof of address, and corporate documents

3. Appendix C - Definitions: Detailed definitions of terms used in the form, including the definition of beneficial ownership under Dutch law

4. Appendix D - Instructions for Completion: Detailed guidance on how to complete each section of the form

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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Form Of Declaration

A legally binding written statement under Dutch law where a party formally declares specific facts or circumstances.

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What is a Beneficial Owner Declaration Form?

What sections should be included in a Beneficial Owner Declaration Form?

What sections are optional to include in a Beneficial Owner Declaration Form?

What schedules should be included in a Beneficial Owner Declaration Form?

Authors

Alex Denne

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