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In this act Article 3 of 6

Article 3 — Formats for submission of data on legal arrangements

Financial crimeLevel 2Implementing RegulationAMLD6Stage: AdoptedVerifiedOfficial source

3(1)

1.Data on legal arrangements shall be submitted in the following formats:

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3(1)(a)
(a)name of the legal arrangement: a sequence of characters, letters or numbers;
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3(1)(b)
(b)unique identifier of the legal arrangement: a sequence of characters, letters or numbers;
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3(1)(c)
(c)information on the trust deed or equivalent: a file upload, allowing the upload of the trust deed or equivalent, and any addenda or other binding documents related to the deed; where the trust deed or equivalent does not exist, a sequence of characters, letters or numbers shall be used instead to provide a general description, complemented by the following data points:
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3(1)(c)(i)
(i)type of settlement: an array, allowing multiple choices, containing at least the following options:
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3(1)(1)
(1)unilateral;
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3(1)(2)
(2)written instrument signed by the settlor and the trustee;
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3(1)(3)
(3)inter vivos;
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3(1)(4)
(4)testamentary;
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3(1)(5)
(5)notarial;
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3(1)(5)(ii)
(ii)law governing the legal arrangement: an array containing at least the countries listed in ISO 3166-1 alpha-3;
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3(1)(5)(iii)
(iii)revocability of the legal arrangement: an array allowing at least the options revocable and irrevocable;
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3(1)(5)(iv)
(iv)any reserved powers by the settlor, where applicable: a sequence of characters, letters or numbers;
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3(1)(5)(v)
(v)duties, powers and restrictions of the protector, where applicable: a sequence of characters, letters or numbers;
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3(1)(5)(vi)
(vi)excluded persons, where applicable: a sequence of characters, letters or numbers;
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3(1)(5)(vii)
(vii)date of original settlement: a date, containing year, month and day, as specified in Annex II;
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3(1)(d)
(d)purpose of the legal arrangement, if any: an array with at least the following options:
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3(1)(d)(i)
(i)asset management – real estate;
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3(1)(d)(ii)
(ii)asset management – securities and liquidity management;
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3(1)(d)(iii)
(iii)asset management – inheritance management;
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3(1)(d)(iv)
(iv)asset management – mixed nature of assets;
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3(1)(d)(v)
(v)charitable purposes/donation;
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3(1)(e)
(e)value of assets held in the legal arrangement or managed through it: an array containing at least the following options relative to the value of the assets at the time of registration:
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3(1)(e)(i)
(i)the value of the assets is less than EUR 1 000 or the equivalent in national currency;
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3(1)(e)(ii)
(ii)the value of the assets is between EUR 1 000 and EUR 10 000 or the equivalent in national currency;
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3(1)(e)(iii)
(iii)the value of the assets is between EUR 10 000 and EUR 100 000 or the equivalent in national currency;
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3(1)(e)(iv)
(iv)the value of the assets is between EUR 100 000 and EUR 1 000 000 or the equivalent in national currency;
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3(1)(e)(v)
(v)the value of the assets is between EUR 1 000 000 and EUR 10 000 000 or the equivalent in national currency;
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3(1)(e)(vi)
(vi)the value of the assets is between EUR 10 000 000 and EUR 50 000 000 or the equivalent in national currency;
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3(1)(e)(vii)
(vii)the value of the assets is more than EUR 50 000 000 or the equivalent in national currency;
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3(1)(f)
(f)place of residence of the trustee or person holding equivalent positions in similar legal arrangements: the format shall be the same as specified in Article 1, paragraph 1, point (e), repeatable in case there is more than one person;
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3(1)(g)
(g)place of administration, where different from the place of residence: the format shall be the same as specified in Article 1, paragraph 1, point (e), repeatable in case there is more than one person;
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3(1)(h)
(h)description of the beneficiaries: an array, allowing multiple choice, with the following options:
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3(1)(i)
(i)identifiable individually and reported as beneficial owners;
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3(1)(i)(ii)
(ii)non-identifiable/class of beneficiaries; a sequence of characters, letters or numbers shall be used for further description of the class of beneficiaries, where appropriate;
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3(1)(i)(i)
(i)reason of registration for legal arrangements administered outside of the Union: the format shall be the same as specified in Article 2, paragraph 1, point (g);
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3(1)(j)
(j)relevant document(s) and description in relation to point (i): the format shall be the same as specified in Article 2, paragraph 1, point (h);
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3(1)(k)
(k)description of ownership or control structure: a file upload, or the submission of structured data, as specified in Annex I;
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3(1)(l)
(l)for discretionary trusts where objects of a power or default takers can be identified, individually or as classes:
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3(1)(l)(i)
(i)names and surnames of natural persons that were identified as objects of a power: the format shall be in accordance with the specifications in Article 1, paragraph 1, points (a) and (b);
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3(1)(l)(ii)
(ii)names of legal entities and arrangements that were identified as objects of a power: the format shall be the same as specified in:
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3(1)(1)
(1)Article 2, paragraph 1, points (a), (b) and (e), for legal entities;
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3(1)(2)
(2)this Article and paragraph, points (a) and (b), for legal arrangements;
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3(1)(iii)
(iii)description of the objects of a power which are classes: a sequence of characters, letters or numbers;
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3(1)(iv)
(iv)names and surnames of natural persons that were identified as default takers: the format shall be in accordance with the specifications in paragraph 1, points (a) and (b);
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3(1)(v)
(v)names of legal entities and arrangements that were identified as default takers: the format shall be the same as specified in:
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(1) Article 2, paragraph 1, points (a), (b) and (e), for legal entities;

(2) this Article and paragraph, points (a) and (b), for legal arrangements;

3(1)(vi)
(vi)description of default takers that are classes: a sequence of characters, letters or numbers.
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3(2)

2.By way of derogation from paragraph 1 of this Article, where the necessary data is already available in or reported to another register and can be displayed to the end user in full compliance with Regulation (EU) 2024/1624 and this Regulation, the entity in charge of the central register shall reuse this data or request it in the already available and established format.

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