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Practical Manual for Companies 2024.

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 terrorist financing, approved by Royal Decree 304/2014, of May 5, have the obligation to identify to the real owner of the entity.

As provided for in article 4.2 b) of Law 10/2010, of April 28, they have the quality of «real owner» The natural person or persons who ultimately own or control, directly or indirectly, more than 25 percent of the company's capital or voting rights, or who by other means exercise direct or indirect control over said company. If the beneficial owner cannot be identified by applying the above criteria, the company's director will be considered the beneficial owner. 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 record the details of the entity's actual natural person owner in table "F. Identification of the beneficial owner of the entity" on page 2 bis of form 200, completing the following information:

  • «Identification document type».

  • «NIF/foreign identification code».

  • "Last name and name".

  • «Country of issue of the identification document».

  • "Birthdate".

  • «Country of residence».

  • "Nationality".

The entities that, in accordance with the provisions of article 4.2 of Law 10/2010, of April 28, are not required to identify the beneficial owner, they must expressly state this by marking with an "X" the box created for this purpose in said table.