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Practical Manual of Companies 2023.

F. Identification of the real owner of the entity

Entities that deposit annual accounts except those that are listed on a regulated market in the terms provided 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, must identify the real owner of the entity.

As provided in article 4.2 b) of Law 10/2010, of April 28, the status of "real owner" is the person or persons who ultimately own or control, directly or indirectly, a percentage greater than 25 percent of the capital or voting rights of a legal entity, or that by other means exercise control, direct or indirect, of a legal entity.

Likewise, according to the provisions of article 4.2 b bis) of Law 10/2010, of April 28, when there is no natural person that complies with the control requirements required in the Article 4.2 b) of Law 10/2010, the administrator or administrators will be considered to exercise said control. In the event that the designated 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 information obligation must complete table “F. Identification of the real owner of the entity» on page 2 bis of form 200, recording 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".