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—
- (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
- (b)
X has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or entity.
- (a)
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)