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Practical Manual for Companies 2023.

F. Identification of the actual owner of the entity

Entities that file annual accounts except those listed on a regulated market under the terms provided for in article 3.6.a). i) of Directive (EU) 2015/849 and in article 9.4 of the Regulation of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism, they must identify the real owner of the entity.

According to the provisions of article 4.2 b) of Law 10/2010, of April 28, the following have the quality of "beneficial owner" the natural person or persons who ultimately own or control, directly or indirectly, more than 25 percent of the capital or voting rights of a legal person, or who by other means exercise direct or indirect control of a legal person.

Likewise, according to the provisions of article 4.2 b bis) of Law 10/2010, of April 28, when there is no natural person who meets the control requirements set forth in article 4.2 b) of Law 10/2010, it will be considered that the administrator or administrators exercise said control. In the event that the appointed administrator is a legal entity , it will be understood that control is exercised by the natural person appointed by the legal entity administrator. In the case of a board of directors all directors must be listed.

Entities subject to this reporting obligation must complete table "F. Identification of the real owner of the entity" on page 2 bis of form 200, stating the following data:

  • «Identification document type».

  • «NIF/foreign identification code».

  • "Last name and name".

  • «Country of issue of the identification document».

  • "Birthdate".

  • «Country of residence».

  • "Nationality".