Beneficial Ownership Declaration for the United States

Beneficial Ownership Declaration Template for United States

A Beneficial Ownership Declaration is a formal document required under U.S. federal regulations, particularly the Corporate Transparency Act, that identifies and details the individuals who ultimately own or control a legal entity. This document is critical for compliance with anti-money laundering regulations and transparency requirements in the United States. It includes detailed information about ownership percentages, voting rights, and control mechanisms, serving as a key tool for regulatory oversight and due diligence.

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What is a Beneficial Ownership Declaration?

The Beneficial Ownership Declaration has become increasingly important in the United States following the implementation of the Corporate Transparency Act and enhanced anti-money laundering regulations. This document is required when establishing new business relationships, opening accounts with financial institutions, or when there are significant changes in ownership structure. It must include specific details about individuals who own 25% or more of an entity or exercise substantial control over it. The declaration helps prevent financial crimes, ensures transparency in business operations, and supports regulatory compliance across various sectors.

What sections should be included in a Beneficial Ownership Declaration?

1. Declarant Information: Legal name, contact details, and identification information of the person making the declaration

2. Entity Information: Full legal name, registration number, jurisdiction, and address of the entity for which beneficial ownership is being declared

3. Beneficial Ownership Details: Detailed information about ownership percentages, voting rights, and nature of control for each beneficial owner

4. Declaration Statement: Formal statement confirming the truthfulness and completeness of the provided information under penalty of perjury

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

1. Intermediate Entities: Details of any intermediate holding companies or entities in the ownership chain

2. Source of Funds: Information about the origin of investment funds, including details of financial institutions and transactions

3. Related Parties: Information about related individuals or entities who may have significant influence but do not meet the threshold for beneficial ownership

What schedules should be included in a Beneficial Ownership Declaration?

1. Schedule A - Ownership Structure Chart: Visual representation of the complete ownership structure showing all direct and indirect ownership relationships

2. Schedule B - Supporting Documents: List and copies of verification documents including identification documents, corporate certificates, and proof of address

3. Schedule C - Register of Changes: Chronological log of all historical changes in beneficial ownership including dates and nature of changes

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): Enacted in 2021 as part of the Anti-Money Laundering Act of 2020, requires reporting of beneficial ownership information to FinCEN and sets specific definitions for beneficial owners

Bank Secrecy Act (BSA): Establishes requirements for financial institutions to collect beneficial ownership information and includes FinCEN's Customer Due Diligence (CDD) Rule

USA PATRIOT Act: Contains Section 326 requirements for customer identification and anti-money laundering provisions relevant to beneficial ownership reporting

State Corporate Laws: State-specific corporate regulations that may have varying requirements regarding ownership disclosure and reporting

Securities Exchange Act: Contains SEC beneficial ownership reporting requirements, particularly relevant if the entity is publicly traded

Tax Legislation: Includes FATCA (Foreign Account Tax Compliance Act) and IRS reporting requirements related to beneficial ownership

International Standards: FATF (Financial Action Task Force) recommendations and other international requirements that may apply if there's an international component

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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