• CZC PRL issued Act amending Act no. 37/2021 coll., on the registration of beneficial owners, amending various definitions of the ultimate ownership and control of firms.
• Follows CZC GVT January 2022 updated documents for beneficial owners.

Amendments

• Act contains changes to wording, such as is the ultimate beneficiary or a person with ultimate influence to ultimately owns or controls the legal entity or legal arrangement.
• It also defines the level of shareholding required to be defined as a beneficial owner, including owning a share in a corporation or a voting share rights greater than 25%.
• However, the definition also includes having a right to a share of the profit, to other own resources, or to a liquidation balance greater than 25%, not just shares owned.
• The terms also cover indirect shares in a company, including those held by connected persons or legal arrangements, or held in investment fund, depending on ownership.
• The automatic registration process is also covered and relates to the ownership of any shareholding of 40% or more of shares, unless someone has equal or greater share.

Registration Process

• Within 1 month of the new Act taking force, the Ministry of Justice will set up a new information system for the registration of real owners, as part of registration process.
• It will ensure that all of the real owner's details are then transcribed onto the new data system, based upon the last details that had been provided, before the new Act.
• People or bodies for whom the information is considered to be incorrect, then have six months from the date of the first entry of data into the new registry, to correct the data.

Effectiveness

• The new Act takes effect from 1 October 2022, corrections are needed by 1 May 2023.