Beneficial Owner Declaration Form for the United States

Beneficial Owner Declaration Form Template for United States

A Beneficial Owner Declaration Form is a legal document required under U.S. federal regulations, particularly the Corporate Transparency Act and FinCEN requirements, that identifies and documents the individuals who ultimately own or control a legal entity. The form captures detailed information about beneficial owners holding 25% or more ownership interest or significant control over the entity, including their personal information, ownership percentage, and nature of control.

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What is a Beneficial Owner Declaration Form?

The Beneficial Owner Declaration Form is a critical compliance document mandated by U.S. federal regulations to enhance transparency and combat financial crimes. This form became particularly important following the implementation of the Corporate Transparency Act of 2021 and subsequent FinCEN regulations. It requires entities to disclose individuals who own 25% or more of the entity or exercise substantial control. The form serves as a key tool for financial institutions and regulatory bodies in conducting due diligence, preventing money laundering, and maintaining accurate ownership records.

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

1. Declaration Details: Date, place, and declarant information, including capacity in which declaration is made

2. Entity Information: Legal name, registration number, jurisdiction of incorporation, business address and contact details

3. Beneficial Owner Information: Personal details of all beneficial owners meeting threshold requirements including full name, date of birth, nationality, residential address

4. Ownership Structure: Percentage of ownership, nature of control, and method of control (direct/indirect ownership)

5. Certification: Declaration of truth and accuracy of provided information, with signature block and date

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

1. Tax Residency Information: Additional section for international beneficial owners, including tax identification numbers and jurisdiction of tax residence

2. Source of Funds Declaration: Details about the origin of investment funds and wealth source verification

3. Political Exposure Declaration: Section for declaring any political exposure status of beneficial owners or related persons

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

1. Schedule A - Identity Documentation: List of required identity documents and copies of government-issued ID documents

2. Schedule B - Corporate Structure Chart: Visual representation of ownership structure showing all ownership layers and control relationships

3. Schedule C - Supporting Evidence: Additional documentation proving ownership claims, such as share certificates, corporate registries or trust documents

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

United States

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Industries

Corporate Transparency Act (CTA) 2021: Federal legislation requiring companies to report beneficial ownership information to FinCEN, defining 'beneficial owner' and establishing reporting requirements for companies

Bank Secrecy Act (BSA): Establishes anti-money laundering requirements, customer due diligence protocols, and Know Your Customer (KYC) requirements

FinCEN Regulations: 31 CFR Chapter X - Sets beneficial ownership reporting requirements and defines ownership thresholds (25% or more)

USA PATRIOT Act: Section 326 covers verification of customer identity, requirements for financial institutions, and due diligence procedures

State Corporate Laws: State-specific requirements for business entity registration and disclosure requirements that vary by jurisdiction

IRS Requirements: Covers Form W-8BEN-E for foreign entities, FATCA compliance requirements, and tax identification reporting obligations

SEC Regulations: Disclosure requirements for publicly traded companies and beneficial ownership reporting requirements under securities laws

Teams

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