SECTION 1 — Central beneficial ownership registers
Central beneficial ownership registers
1. Member States shall ensure that beneficial ownership information as referred to in Article62 of Regulation (EU) 2024/1624, the statement pursuant to Article 63(4) of that Regulation and information on nominee arrangements as referred to in Article 66 of that Regulation are held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. Such requirement shall not apply to legal entities or legal arrangements as referred to in Article 65 of Regulation (EU) 2024/1624.
The information contained in the central beneficial ownership register referred to in the first subparagraph (‘central register’) shall be available in machine-readable format and be collected in accordance with the implementing acts referred to in paragraph 6.
2. By way of derogation from the first subparagraph of paragraph 1, Member States shall ensure that beneficial ownership information, as referred to in Article 62 of Regulation (EU) 2024/1624, of foreign legal entities and foreign legal arrangements, as referred to in Article 67 of that Regulation, is held in a central register in the Member State in accordance with the conditions laid down in Article 67 of that Regulation. Member States shall also ensure that the central register contains an indication of which situation listed in Article 67(1) of Regulation (EU) 2024/1624 triggers the registration of the foreign legal entity or foreign legal arrangement.
3. Where the trustees of an express trust or persons holding equivalent positions in a similar legal arrangement are established or reside in different Member States, a certificate of proof of registration, or an excerpt of the beneficial ownership information held in a central register by one Member State, shall be sufficient to consider the registration obligation fulfilled.
4. Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation.
5. Where no person is identified as the beneficial owner pursuant to Article 63(3) and Article 64(6) of Regulation (EU) 2024/1624, the central register shall include:
(a)
a statement that there is no beneficial owner or that the beneficial owners could not be determined, accompanied by a corresponding justification pursuant to Article 63(4), point (a), and Article 64(7), point (a), of Regulation (EU) 2024/1624;
(b)
the details of all natural persons who hold the position of senior managing officials in the legal entity equivalent to the information required under Article 62(1), second subparagraph, point (a), of Regulation (EU) 2024/1624.
Member States shall ensure that the information referred to in the first subparagraph, point (a), is available to competent authorities, as well as to AMLA for the purposes of joint analyses pursuant to Article 32 of this Directive and Article 40 of Regulation (EU) 2024/1620, to self-regulatory bodies and to obliged entities. However, obliged entities shall only have access to the statement submitted by the legal entity or legal arrangement if they report a discrepancy pursuant to Article 24 of Regulation (EU) 2024/1624 or provide proof of the steps they have taken to determine the beneficial owners of the legal entity or legal arrangement, in which case they shall be able to access the justification as well.
6. By 10 July 2025, the Commission shall establish, by means of implementing acts, the format for the submission of beneficial ownership information as referred to in Article 62 of Regulation (EU) 2024/1624 to the central register, including a checklist of minimum requirements for the information to be examined by the entity in charge of the central register. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2) of this Directive.
7. Member States shall ensure that the beneficial ownership information held in the central registers is adequate, accurate and up-to-date, and shall put in place mechanisms to that effect. For that purpose, Member States shall apply at least the following requirements:
(a)
entities in charge of the central registers shall verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date;
(b)
competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, shall report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them.
The extent and frequency of the verification referred to in point (a) of the first subparagraph of this paragraph shall be commensurate with the risks associated with the categories of legal entities and legal arrangements identified pursuant to Article 7(3), point (d), and Article 8(4), point (c).
By 10 July 2028, the Commission shall issue recommendations on the methods and procedures to be used by entities in charge of central registers to verify beneficial ownership information and by obliged entities and competent authorities to identify and report discrepancies regarding beneficial ownership information.
8. Member States shall ensure that the information contained in the central registers includes any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register.
9. Member States shall ensure that the entities in charge of the central registers verify whether beneficial ownership information held in those registers concerns persons or entities designated in relation to targeted financial sanctions. Such verification shall take place immediately upon a designation in relation to targeted financial sanctions and at regular intervals.
Member States shall ensure that the information contained in the central registers includes an indication that the legal entity is associated with persons or entities subject to targeted financial sanctions in any of the following situations:
(a)
a legal entity or legal arrangement is subject to targeted financial sanctions;
(b)
a legal entity or legal arrangement is controlled by a person or entity subject to targeted financial sanctions;
(c)
a beneficial owner of a legal entity or legal arrangement is subject to targeted financial sanctions.
The indication referred to in the second subparagraph of this paragraph shall be visible to any person or entity granted access to the information contained in the central registers pursuant to Articles 11 and 12, and shall remain in place until the targeted financial sanctions are lifted.
10. Member States shall ensure that the entities in charge of the central registers take, within 30 working days of the reporting of a discrepancy by a competent authority or by an obliged entity, appropriate actions to resolve the reported discrepancy pursuant to Article 24 of Regulation (EU) 2024/1624, including by amending the information contained in the central registers where the entity is able to verify the beneficial ownership information. A specific mention of the fact that there are discrepancies reported shall be included in the central registers until the discrepancy is resolved and be visible to any person or entity granted access under Articles 11 and 12 of this Directive.
Where the discrepancy is of a complex nature and the entities in charge of the central registers cannot resolve it within 30 working days, they shall record the instance as well as the steps that have been taken, and take any measure necessary to resolve the discrepancy as soon as possible.
11. Member States shall ensure that the entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. The right of the entity in charge of the central register to verify beneficial ownership information shall not be restricted, obstructed or precluded.
Where the trustee or person holding an equivalent position is an obliged entity as referred to in in Article 3, point (3)(a), (b) or (c), of Regulation (EU) 2024/1624, Member States shall ensure that the entity in charge of the central register is also empowered to carry out checks, including on-site inspections at the business premises or registered office of the trustee or person in an equivalent position. Those checks shall adhere at least to the following safeguards:
(a)
with respect to natural persons, where the business premises or registered office are the same as the natural person’s private residence, the on-site inspection shall be subject to prior judicial authorisation;
(b)
any procedural safeguard in place in the Member State to protect the legal privilege shall be respected and no information protected by legal privilege shall be accessed.
Member States shall ensure that entities in charge of central registers are empowered to request information from other registers, including in third countries, to the extent that that such information is necessary for the performance of such entities’ functions.
12. Member States shall ensure that entities in charge of central registers have at their disposal the automated mechanisms necessary to carry out verifications as referred to in paragraph 7, points (a), and paragraph 9, including by comparing information contained in those registers with information held by other sources.
13. Member States shall ensure that where a verification as referred to in paragraph 7, point (a), is carried out at the time of submission of beneficial ownership information, and such verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration.
14. Member States shall ensure that where a verification as referred to in paragraph 7, point (a), is carried out after the submission of beneficial ownership information, and such verification leads an entity in charge of a central register to conclude that the information is no longer adequate, accurate, and up-to-date, the entity in charge of the central register is able to suspend the validity of the certification of proof of registration until it considers the beneficial ownership information provided to be in order, except where the inconsistencies are limited to typographical errors, different ways of transliteration, or minor inaccuracies that do not affect the identification of the beneficial owners or their beneficial interest.
15. Member States shall ensure that the entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership.
16. The Commission is empowered to adopt delegated acts in accordance with Article 71 to supplement this Directive by defining indicators to classify the level of gravity of failures to report adequate, accurate and up-to-date information to the central registers, including in cases of repeated failures.
17. Member States shall ensure that if, in the course of the checks carried out pursuant to this Article, or in any other way, the entities in charge of the central registers discover facts that could be related to money laundering or to terrorist financing, they shall promptly inform the FIU thereof.
18. Member States shall ensure that, in the performance of their tasks, the entities in charge of central registers carry out their functions free of undue influence and that those entities implement standards for their employees as regards conflicts of interest and strict confidentiality.
19. The central registers shall be interconnected via the European Central Platform established by Article 22(1) of Directive (EU) 2017/1132.
20. The information referred to in paragraph 1 shall be available through the central registers and through the system of interconnection of central registers for 5 years after the legal entity has been dissolved or the legal arrangement has ceased to exist.
Without prejudice to national criminal law on evidence applicable to ongoing criminal investigations and legal proceedings, Member States may, in specific cases, permit such information to be retained, or require that such information be retained, for an additional maximum period of 5 years where Member States have established that such retention is necessary and proportionate for the purpose of preventing, detecting, investigating or prosecuting suspected money laundering or terrorist financing.
Upon expiry of the retention period referred to in the first subparagraph, Member States shall ensure that the personal data is deleted from the central registers.
21. By 10 July 2031, the Commission shall, publish a report including the following:
(a)
an assessment of the effectiveness of the measures taken by the entities in charge of the central registers to ensure that they have adequate, up-to-date and accurate information;
(b)
a description of the main types of discrepancies identified by obliged entities and competent authorities in relation to the beneficial ownership information held in the central registers;
(c)
best practices and, where appropriate, recommendations with regard to the measures taken by the entities in charge of the central registers to ensure that those registers hold adequate, accurate and up-to-date information;
(d)
overview of the features of each central register put in place by Member States, including information on mechanisms to ensure that beneficial ownership information held in those registers is kept accurate, adequate and up to date;
(e)
an assessment of the proportionality of the fees imposed for accessing information held in the central registers.
General rules regarding access to beneficial ownership registers by competent authorities, self-regulatory bodies and obliged entities
1. Member States shall ensure that competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers referred to in Article 10, without alerting the legal entity or legal arrangement concerned.
2. Access as referred to in paragraph 1 shall be granted to:
(a)
competent authorities;
(b)
self-regulatory bodies in the performance of supervisory functions pursuant to Article 37;
(c)
tax authorities;
(d)
national authorities with designated responsibilities for the implementation of Union restrictive measures identified under the relevant Council Regulations adopted on the basis of Article 215 TFEU;
(e)
AMLA for the purposes of joint analyses pursuant to Article 32 of this Directive and Article 40 of Regulation (EU) 2024/1620;
(f)
EPPO;
(g)
OLAF;
(h)
Europol and Eurojust when providing operational support to the competent authorities of Member States.
3. Member States shall ensure that, when taking customer due diligence measures in accordance with Chapter III of Regulation (EU) 2024/1624, obliged entities have timely access to the information held in the interconnected central registers referred to in Article 10 of this Directive.
4. Member States may choose to make beneficial ownership information held in their central registers available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers.
5. By 10 October 2026, Member States shall notify to the Commission the list of competent authorities and self-regulatory bodies and the categories of obliged entities that were granted access to the central registers and the type of information available to obliged entities. Member States shall update that notification when there are any changes to the list of competent authorities or categories of obliged entities or to the extent of access granted to obliged entities. The Commission shall make the information on the access by competent authorities and obliged entities, including any change to it, available to the other Member States.
Specific access rules to beneficial ownership registers for persons with legitimate interest
1. Member States shall ensure that any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers referred to in Article 10, without alerting the legal entity or legal arrangement concerned:
(a)
the name of the beneficial owner;
(b)
the month and year of birth of the beneficial owner;
(c)
the country of residence and nationality or nationalities of the beneficial owner;
(d)
for beneficial owners of legal entities, the nature and extent of the beneficial interest held;
(e)
for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest.
In addition to the information referred to in the first subparagraph of this paragraph, Member States shall ensure that any natural or legal persons referred to in paragraph 2, points (a), (b) and (e), also has access to historical information on the beneficial ownership of the legal entity or the legal arrangement, including of legal entities or legal arrangements that have been dissolved or ceased to exist in the preceding 5 years, as well as a description of the control or ownership structure.
Access pursuant to this paragraph shall be granted through electronic means. However, Member States shall ensure that natural and legal persons who can demonstrate a legitimate interest are also able to access the information in other formats if they are unable to use electronic means.
2. The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed in paragraph 1:
(a)
persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing;
(b)
civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing;
(c)
natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing;
(d)
entities subject to AML/CFT requirements in third countries, provided they can demonstrate the need to access the information referred to in paragraph 1 in relation to a legal entity or legal arrangement to perform customer due diligence in respect of a customer or prospective customer pursuant to AML/CFT requirements in those third countries;
(e)
third-country counterparts of Union AML/CFT competent authorities provided they can demonstrate the need to access the information referred to in paragraph 1 in relation to a legal entity or legal arrangement to perform their tasks under the AML/CFT frameworks of those third countries in the context of a specific case;
(f)
Member State authorities in charge of implementing Title I, Chapters II and III of Directive (EU) 2017/1132, in particular the authorities in charge of the registration of companies in the register referred to in Article 16 of that Directive, and Member State authorities responsible for scrutinising the legality of conversions, mergers and divisions of limited liability companies pursuant to Title II of that Directive;
(g)
programme authorities identified by Member States pursuant to Article 71 of Regulation (EU) 2021/1060, in respect of beneficiaries of Union funds;
(h)
public authorities implementing the Recovery and Resilience Facility under Regulation (EU) 2021/241, in respect of beneficiaries under the Facility;
(i)
Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure;
(j)
providers of AML/CFT products, to the strict extent that products developed on the basis of the information referred to in paragraph 1 or containing that information are provided only to customers that are obliged entities or competent authorities provided that those providers can demonstrate the need to access the information referred to in paragraph 1 in the context of a contract with an obliged entity or a competent authority.
In addition to the categories identified under the first subparagraph, Member States shall also ensure that other persons who are able to demonstrate a legitimate interest with respect to the purpose of preventing and combating money laundering, its predicate offences and terrorist financing, are granted access to beneficial ownership information on a case-by-case basis.
3. By 10 July 2026, Member States shall notify to the Commission:
(a)
the list of public authorities that are entitled to consult beneficial ownership information pursuant to paragraph 2, points (f), (g) and (h), and the public authorities or categories of public authorities that are entitled to consult beneficial ownership information pursuant to paragraph 2, point (i);
(b)
any additional category of persons who have been found to have a legitimate interest to access beneficial ownership information identified in accordance with paragraph 2, second subparagraph.
Member States shall notify the Commission of any change or addition to the categories referred to in the first subparagraph without delay, and in any case within 1 month of its occurrence.
The Commission shall make the information received pursuant to this paragraph available to the other Member States.
4. Member States shall ensure that the central registers keep records of the persons accessing the information pursuant to this Article and are able to disclose them to the beneficial owners when they file a request pursuant to Article 15(1), point (c), of Regulation (EU) 2016/679.
However, Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are:
(a)
persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing;
(b)
civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing.
In addition, Member States shall ensure that entities in charge of the central registers refrain from disclosing the identity of any third-country counterpart of Union AML/CFT competent authorities referred to in Article 2(1), point 44(a) and (c), of Regulation (EU) 2024/1624, for as long as necessary to protect the analyses or investigations of that authority.
In relation to the persons referred to in points (a) and (b) of the second subparagraph of this paragraph, Member States shall ensure that where beneficial owners file a request pursuant to Article 15(1), point (c), of Regulation (EU) 2016/679, they are provided with information on the function or occupation of the persons having consulted their beneficial ownership information.
For the purposes of the third subparagraph, when requesting access to beneficial ownership information pursuant to this Article, the authorities shall indicate the period for which they request the central registers to refrain from disclosure, which shall not exceed 5 years, and the reasons for that restriction, including how the provision of the information would jeopardise the purpose of their analyses and investigations. Member States shall ensure that, where central registers do not disclose the identity of the entity having consulted the beneficial ownership information, any extension of that period shall only be granted on the basis of a justified request by the authority in the third country, for a maximum period of 1 year, after which a new justified request for extension shall be submitted by that authority.
Procedure for the verification and mutual recognition of a legitimate interest to access beneficial ownership information
1. Member States shall ensure that entities in charge of the central registers as referred to in Article 10 take measures to verify the existence of the legitimate interest referred to in Article 12 on the basis of documents, information and data obtained from the natural or legal person seeking access to the central register (‘applicant’) and, where necessary, information available to them pursuant to Article 12(3).
2. The existence of a legitimate interest to access beneficial ownership information shall be determined by taking into consideration:
(a)
the function or occupation of the applicant; and
(b)
with the exception of persons referred to in Article 12(2), first subparagraph, points (a) and (b), the connection with the specific legal entities or legal arrangements whose information is being sought.
3. Member States shall ensure that where access to information is requested by a person whose legitimate interest in accessing beneficial ownership information under one of the categories set out in Article 12(2), first subparagraph, has already been verified by the central register of another Member State, the verification of the condition laid down in paragraph 2, point (a), of this Article is satisfied by collecting proof of the legitimate interest issued by the central register of that other Member State.
Member States may apply the procedure set out in the first subparagraph of this paragraph to the additional categories identified by other Member States pursuant to Article 12(2), second subparagraph.
4. Member States shall ensure that entities in charge of central registers verify the identity of applicants whenever they access the registers. To that end, Member States shall ensure that sufficient processes are available for the verification of the identity of the applicant, including by allowing the use of electronic identification means and relevant qualified trust services as set out in Regulation (EU) No 910/2014 of the European Parliament and of the Council ( 39 ) .
5. For the purposes of paragraph 2, point (a), Member States shall ensure that central registers have mechanisms in place to allow repeated access to persons with a legitimate interest to access beneficial ownership information without the need to assess their function or occupation whenever accessing the information.
6. From 10 November 2026, Member States shall ensure that the entities in charge of central registers conduct the verification referred to in paragraph 1 and provide a response to the applicant within 12 working days.
By way of derogation from the first subparagraph, in the case of a sudden high number of requests for accessing beneficial ownership information pursuant to this Article, the deadline for providing a response to the applicant may be extended by 12 working days. If, after the extension has lapsed, the number of incoming requests continues to be high, that deadline may be extended by additional 12 working days.
Member States shall notify the Commission of any extension as referred to in the second subparagraph in a timely manner.
Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days.
7. Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds:
(a)
the applicant has not provided the necessary information or documents pursuant to paragraph 1;
(b)
a legitimate interest to access beneficial ownership information has not been demonstrated;
(c)
where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing;
(d)
one or more of the situations referred to in Article 15 applies;
(e)
in the cases referred to in paragraph 3, the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought;
(f)
where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679.
Member States shall ensure that entities in charge of central registers consider requesting additional information or documents from the applicant prior to refusing a request for access on the grounds listed in points (a), (b), (c) and (e) of the first subparagraph. Where entities in charge of central registers request additional information, the deadline for providing a response shall be extended by 7 working days.
8. Where entities in charge of central registers refuse to provide access to information pursuant to paragraph 7, Member States shall require that they inform the applicant of the reasons for refusal and of their right of redress. The entity in charge of the central register shall document the steps taken to assess the request and to obtain additional information pursuant to paragraph 7, second subparagraph.
Member States shall ensure that entities in charge of central registers are able to revoke access where any of the grounds listed in paragraph 7 arise or become known to the entity in charge of the central register after such access has been granted, including, where relevant, on the basis of revocation by a central register in another Member State.
9. Member States shall ensure that they have in place judicial or administrative remedies for challenging the refusal or revocation of access pursuant to paragraph 7.
10. Member States shall ensure that entities in charge of central registers are able to repeat the verification of the function or occupation identified under paragraph 2, point (a), from time-to-time and in any case not earlier than 12 months after granting access, unless the entity in charge of the central register has reasonable grounds to believe that the legitimate interest no longer exists.
11. Member States shall require persons who have been granted access pursuant to this Article to notify the entity in charge of the central register of changes that may trigger the cessation of a valid legitimate interest, including changes concerning their function or occupation.
12. Member States may choose to make beneficial ownership information held in their central registers available to the applicants upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in those registers and of making the information available. Those fees shall be established in such a way so as not to undermine the effective access to the information held in the central registers.
Templates and procedures
1. The Commission shall define, by means of implementing acts, technical specifications and procedures necessary for the implementation of access on the basis of a legitimate interest by the central registers referred to in Article 10, including:
(a)
standardised templates for requesting access to the central register and for requesting access to beneficial ownership information on legal entities and legal arrangements;
(b)
standardised templates to be used by central registers to confirm or refuse a request to access the register or to access beneficial ownership information;
(c)
procedures to facilitate the mutual recognition of legitimate interest to access beneficial ownership information by the central registers in Member States other than the one where the request for access was first made and accepted, including procedures to ensure the secure transfer of information on an applicant;
(d)
procedures for central registers to notify each other of revocations of access to beneficial ownership information pursuant to Article 13(8).
2. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 72(2).
Exceptions to the access rules to beneficial ownership registers
In exceptional circumstances to be laid down in national law, where the access referred to in Articles 11(3) and 12(1) would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. A Member State that has granted exemptions shall publish annual statistical data on the number of exemptions granted and the reasons given and report the data to the Commission.
Exemptions granted pursuant to this Article shall not apply to obliged entities as referred to in Article 3, point (3)(b), of Regulation (EU) 2024/1624 that are public officials.
SECTION 2 — Bank account information
Bank account registers and electronic data retrieval systems
1. Member States shall put in place centralised automated mechanisms, such as central registers or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts, or bank accounts identified by IBAN, including virtual IBANs, securities accounts, crypto-asset accounts and safe-deposit boxes held by a credit institution or financial institution within their territory.
Member States shall notify the Commission of the characteristics of those national mechanisms as well as the criteria pursuant to which information is included in those national mechanisms.
2. Member States shall ensure that the information held in the centralised automated mechanisms is directly accessible in an immediate and unfiltered manner to FIUs, as well as to AMLA for the purposes of joint analyses pursuant to Article 32 of this Directive and Article 40 of Regulation (EU) 2024/1620. The information shall also be accessible in a timely manner to supervisory authorities to fulfil their obligations under this Directive.
3. The following information shall be accessible and searchable through the centralised automated mechanisms:
(a)
for customer-account holders and any person purporting to act on behalf of a customer account holder: the name, complemented by either the other identification data required under Article 22(1) of Regulation (EU) 2024/1624 or a unique identification number as well as, where applicable, the dates on which the person purporting to act on behalf of the customer started and ceased to have the power to act on behalf of the customer;
(b)
for beneficial owners of customer-account holders: the name, complemented by either the other identification data required under Article 22(1) of Regulation (EU) 2024/1624 or a unique identification number as well as the dates on which the natural person became and, where applicable, ceased to be the beneficial owner of the customer account holder;
(c)
for bank accounts or payment accounts: the IBAN number, or where the payment account is not identified by an IBAN number, the unique account identifier, and the date of account opening and, where applicable, the date of account closing;
(d)
for virtual IBANs issued by a credit institution or a financial institution: the virtual IBAN number, the unique account identifier of the account to which payments addressed to the virtual IBAN are automatically redirected, and the dates of account opening and closing;
(e)
for securities accounts: the unique identifier of the account, and the dates of account opening and closing;
(f)
for crypto-asset accounts: the unique identifier of the account, and the dates of account opening and closing;
(g)
for safe-deposit boxes: the name of the lessee complemented by either the other identification data required under Article 22(1) of Regulation (EU) 2024/1624, or a unique identification number and the date on which the lease started and, where applicable, the date on which it ended.
In the case of a virtual IBAN, the customer account holder as referred to in point (a) of the first subparagraph shall be the holder of the account to which payments addressed to the virtual IBAN are automatically redirected.
For the purposes of points (a) and (b) of the first subparagraph, the name shall comprise for natural persons, all names and surnames and for legal entities, legal arrangements or other organisations with legal capacity, the name under which they are registered.
4. The Commission may establish, by means of implementing acts, the format for the submission of the information to the centralised automated mechanisms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).
5. Member States may require other information deemed essential for FIUs, for AMLA for the purposes of joint analyses pursuant to Article 32 of this Directive and Article 40 of Regulation (EU) 2024/1620 and for supervisory authorities to fulfil their obligations under this Directive to be accessible and searchable through the centralised automated mechanisms.
6. The centralised automated mechanisms shall be interconnected via the bank account registers interconnection system (‘BARIS’), to be developed and operated by the Commission. The Commission shall ensure such interconnection in cooperation with Member States by 10 July 2029.
The Commission may set out, by means of implementing acts, the technical specifications and procedures for the connection of Member States’ centralised automated mechanisms to BARIS. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).
7. Member States shall ensure that the information referred to in paragraph 3 is available through BARIS. Member States shall take adequate measures to ensure that only the information referred to in paragraph 3 that is up to date and corresponds to the actual bank account and payment account, including virtual IBANs, securities account, crypto-asset account and safe-deposit box is made available through their national centralised automated mechanisms and through BARIS. Access to that information shall be granted in accordance with data protection rules.
The other information that Member States consider essential for FIUs and other competent authorities pursuant to paragraph 4 shall not be accessible and searchable through BARIS.
8. Member States shall ensure that information on holders of bank accounts or payment accounts, including virtual IBANs, securities accounts, crypto-asset accounts and safe-deposit boxes is made available through their national centralised automated mechanisms and through BARIS during a period of 5 years after the closure of the account.
Without prejudice to national criminal law on evidence applicable to ongoing criminal investigations and legal proceedings, Member States may, in specific cases, permit such information to be retained, or require that such information be retained, for an additional maximum period of 5 years where Member States have established that such retention is necessary and proportionate for the purpose of preventing, detecting, investigating or prosecuting suspected money laundering or terrorist financing.
9. FIUs and, for the purposes of joint analyses pursuant to Article 32 of this Directive and Article 40 of Regulation (EU) 2024/1620, AMLA shall be granted immediate and unfiltered access to the information on payment accounts and bank accounts identified by IBAN, including virtual IBAN, securities accounts, crypto-asset accounts and safe-deposit boxes in other Member States available through BARIS. Supervisory authorities shall be granted access in a timely manner to the information available through BARIS. Member States shall cooperate among themselves and with the Commission in order to implement this paragraph.
Member States shall ensure that the staff of the national FIUs and supervisory authorities that have access to BARIS maintain high professional standards of confidentiality and data protection, are of high integrity and are appropriately skilled.
The requirements laid down in the second subparagraph shall also apply to AMLA in the context of joint analyses and when acting as a supervisor.
10. Member States shall ensure that technical and organisational measures are put in place to ensure the security of the data to high technological standards for the purposes of the exercise by FIUs and supervisory authorities of the power to access and search the information available through BARIS in accordance with paragraphs 5 and 6.
The requirements laid down in the first subparagraph shall also apply to AMLA in the context of joint analyses and when acting as a supervisor.
Implementing acts for the interconnection of registers
1. The Commission may set out, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of Member States’ central registers in accordance with Article 10(19) with regard to:
(a)
the technical specifications defining the set of the technical data necessary for the platform to perform its functions as well as the method of storage, use and protection of such data;
(b)
the common criteria according to which beneficial ownership information is available through the system of interconnection of central registers, depending on the level of access granted by Member States;
(c)
the technical details on how the information on beneficial owners is to be made available;
(d)
the technical conditions of availability of services provided by the system of interconnection of central registers;
(e)
the technical arrangements to implement the different types of access to information on beneficial ownership in accordance with Articles 11 and 12 of this Directive, including the authentication of users through the use of electronic identification means and relevant trust services as set out in Regulation (EU) No 910/2014;
(f)
the payment arrangements where access to beneficial ownership information is subject to the payment of a fee according to Articles 11(4) and 13(12) taking into account available payment facilities such as remote payment transactions.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).
2. The Commission may set out, by means of implementing acts, technical specifications and procedures necessary to provide for the interconnection of Member States’ centralised automated mechanisms as referred to in Article 16(6), with regard to:
(a)
the technical specification defining the methods of communication by electronic means for the purposes of BARIS;
(b)
the technical specification of the communication protocols;
(c)
the technical specifications defining the data security, data protection safeguards, use and protection of the information which is searchable and accessible by means of BARIS;
(d)
the common criteria according to which bank account information is searchable through BARIS;
(e)
the technical details on how the information is made available by means of BARIS, including the authentication of users through the use of electronic identification means and relevant trust services as set out in Regulation (EU) No 910/2014;
(f)
the technical conditions of availability of services provided by BARIS.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).
3. When adopting the implementing acts referred to in paragraphs 1 and 2, the Commission shall take into account proven technology and existing practices. The Commission shall ensure that BARIS to be developed and operated does not incur costs beyond what is absolutely necessary in order to implement this Directive.
SECTION 3 — Single access point to real estate information
Single access point to real estate information
1. Member States shall ensure that competent authorities have immediate and direct access free of charge to information which allows for the identification in a timely manner of any real estate property and of the natural persons or legal entities or legal arrangements owning that property, as well as to information allowing for the identification and analysis of transactions involving real estate. That access shall be provided via a single access point to be established in each Member State which allows competent authorities to access, via electronic means, information in digital format, which shall be, where possible machine-readable.
Access to the single access points referred to in the first subparagraph shall also be granted to AMLA for the purposes of joint analyses pursuant to Article 32 of this Directive and Article 40 of Regulation (EU) 2024/1620.
2. Member States shall ensure that at least the following information is made available through the single access point referred to in paragraph 1:
(a)
information on the property:
(i)
cadastral parcel and cadastral reference;
(ii)
geographical location, including address of the property;
(iii)
area/size of the property;
(iv)
type of property, including whether built or non-built property and destination of use;
(b)
information on ownership:
(i)
the name of the owner and any person purporting to act on behalf of the owner;
(ii)
where the owner is a legal entity, the name and legal form of the legal entity, as well as the company unique identification number and the tax identification number;
(iii)
where the owner is a legal arrangement, the name of the legal arrangement and the tax identification number;
(iv)
price at which the property has been acquired;
(v)
where applicable, any entitlements or restrictions;
(c)
information on encumbrances regarding:
(i)
mortgages;
(ii)
judicial restrictions;
(iii)
property rights;
(iv)
other guarantees, if any;
(d)
history of property ownership, price and related encumbrances;
(e)
relevant documents.
Member States shall ensure that, where a cadastral parcel includes multiple properties, the information referred to in the first subparagraph is provided in relation to each property in that cadastral parcel.
Member States shall ensure that historical information pursuant to the first subparagraph, point (d), covers at least the period from 8 July 2019.
3. Member States shall put in place mechanisms to ensure that the information provided through the single access point referred to in paragraph 1 is up to date and accurate.
4. Member States shall have measures in place to ensure that information held electronically is provided immediately to the requesting competent authority. Where that information is not held electronically, Member States shall ensure that it is provided in a timely manner and in such a way as not to undermine the activities of the requesting competent authority.
5. By 10 October 2029, Member States shall notify to the Commission:
(a)
the characteristics of the single access point referred to in paragraph 1 established at national level, including the website at which it can be accessed;
(b)
the list of competent authorities granted access to the single access point referred to in paragraph 1;
(c)
any data made available to competent authorities in addition to those listed in paragraph 2.
Member States shall update such notification when changes to the list of competent authorities or to the extent of access to information granted occurs. The Commission shall make that information, including any change to it, available to the other Member States.
6. By 10 July 2032, the Commission shall submit a report to the European Parliament and to the Council assessing the conditions and the technical specifications and procedures for ensuring secure and efficient interconnection of the single access points referred to in paragraph 1. Where appropriate, that report shall be accompanied by a legislative proposal.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
