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Latest known text, shown for 10 Jul 2027 · changes adopted later will not appear here

Article 58 — Identification of beneficial owners for express trusts and similar legal arrangements

Financial crimeLevel 1RegulationAMLRIn forceOfficial source

58(1)

1.The beneficial owners of express trusts shall be all the following natural persons:

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58(1)(a)
(a)the settlors;
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58(1)(b)
(b)the trustees;
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58(1)(c)
(c)the protectors, if any;
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58(1)(d)
(d)the beneficiaries, unless Article 59 or 60 applies;
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58(1)(e)
(e)any other natural persons exercising ultimate control over the express trust by means of direct or indirect ownership or by other means, including through a chain of control or ownership.
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58(2)

2.The beneficial owners of other legal arrangements similar to express trusts shall be the natural persons holding equivalent or similar positions to those referred to in paragraph 1.

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58(3)

3.Where legal arrangements belong to multi-layered control structures and where any of the positions listed in paragraph 1 is held by a legal entity, the beneficial owners of the legal arrangement shall be:

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58(3)(a)
(a)the natural persons listed in paragraph 1; and
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58(3)(b)
(b)the beneficial owners of the legal entities that occupy any of the positions listed in paragraph 1.
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58(4)

4.Member States shall notify to the Commission by 10 October 2027 a list of types of legal arrangements similar to express trusts which are governed under their law.

The notification shall be accompanied by a description of:

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58(4)(a)
(a)the form and basic features of those legal arrangements;
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58(4)(b)
(b)the process through which those legal arrangements can be set up;
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58(4)(c)
(c)the process for accessing basic information and beneficial ownership information on those legal arrangements;
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58(4)(d)
(d)the websites at which the central registers containing information on beneficial owners of those legal arrangements can be consulted and the contact details of the entities in charge of those registers.
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The notification shall also be accompanied by a justification detailing the reasons why the Member State considers the notified legal arrangements to be similar to express trusts and why it concluded that other legal arrangements governed under its law are not similar to express trusts.

58(5)

5.The Commission may adopt, by means of an implementing act, a list of types of legal arrangements governed under the law of Member States which should be subject to the same beneficial ownership transparency requirements as express trusts, accompanied by the information referred to in paragraph 4, second subparagraph of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 86(2).

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