OpenLegislation

Paragraph 6 Beneficial ownersI1I2I3

United Kingdom

A person (“X”) is a “beneficial owner” of an overseas entity or other legal entity (“Y”) if one or more of the following conditions are met.

  • Ownership of shares

    Condition 1 is that X holds, directly or indirectly, more than 25% of the shares in Y.

  • Voting rights

    Condition 2 is that X holds, directly or indirectly, more than 25% of the voting rights in Y.

  • Right to appoint or remove directors

    Condition 3 is that X holds the right, directly or indirectly, to appoint or remove a majority of the board of directors of Y.

  • Significant influence or control

    Condition 4 is that X has the right to exercise, or actually exercises, significant influence or control over Y.

  • Trusts, partnerships, etc

    Condition 5 is that—

    1. (a)

      the trustees of a trust, or the members of a partnership, unincorporated association or other entity, that is not a legal person under the law by which it is governed meet any of the conditions specified above (in their capacity as such) in relation to Y, and

    2. (b)

      X has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or entity.

Annotations

Commencement

I1

Sch. 2 para. 6 not in force at Royal Assent, see s. 69

I2

Sch. 2 para. 6 in force at 1.8.2022 (except in so far as relating to ss. 7–11 of the Act) by S.I. 2022/876, reg. 3(b)

I3

Sch. 2 para. 6 in force in so far as not already in force at 12.10.2022 by S.I. 2022/1039, reg. 2(b)