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Beneficial Ownership Declaration Template for Belgium

A formal declaration document required under Belgian law that identifies and details the natural persons who ultimately own or control a legal entity. This document complies with both Belgian Anti-Money Laundering Law and EU Directives on beneficial ownership transparency. It includes comprehensive information about direct and indirect ownership structures, control mechanisms, and personal details of beneficial owners. The declaration forms part of Belgium's implementation of EU anti-money laundering regulations and must be filed with the Belgian UBO (Ultimate Beneficial Owner) Register.

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What is a Beneficial Ownership Declaration?

The Beneficial Ownership Declaration is a mandatory document required under Belgian law for all legal entities registered in Belgium. It stems from the Belgian Anti-Money Laundering Law of 18 September 2017 and the Royal Decree of 30 July 2018, which implement EU Anti-Money Laundering Directives. This declaration must be submitted to the Belgian UBO Register and updated at least annually or within one month of any ownership changes. The document captures detailed information about individuals who own or control more than 25% of an entity, either directly or indirectly, or exercise control through other means. It serves as a crucial tool in ensuring transparency in corporate structures and combating financial crime, including money laundering and terrorist financing.

What sections should be included in a Beneficial Ownership Declaration?

1. Declaration Header: Contains the date, declaration reference number, and identification of the declaring entity

2. Declaring Entity Details: Full legal information about the entity making the declaration, including registration number, legal form, and registered address

3. Purpose of Declaration: States the legal basis for the declaration and confirms compliance with relevant Belgian legislation

4. Beneficial Owner Information: Detailed information about each beneficial owner including personal details, nationality, address, and date of birth

5. Nature and Extent of Interest: Description of how beneficial ownership is held (direct/indirect) and percentage of ownership or control

6. Control Structure: Explanation of the chain of ownership or control structure where ownership is indirect

7. Confirmation of Accuracy: Declaration confirming the accuracy and completeness of the information provided

8. Updates and Changes: Commitment to notify relevant authorities of any changes to the beneficial ownership information

9. Signature Block: Space for authorized signature(s) and date of declaration

What sections are optional to include in a Beneficial Ownership Declaration?

1. Intermediate Entities: Details of any intermediate entities in the ownership chain, required when beneficial ownership is held through other entities

2. Trust Structure Details: Required when beneficial ownership involves trust structures, detailing trustees, settlors, and beneficiaries

3. Senior Managing Official Details: Required when no beneficial owner can be identified or verified, listing senior management details

4. Historical Changes: Section documenting previous changes in beneficial ownership, if relevant to the current declaration

5. Professional Advisor Certification: Optional section for certification by legal or professional advisors

6. Foreign Ownership Details: Additional details required for non-EU beneficial owners

What schedules should be included in a Beneficial Ownership Declaration?

1. Schedule 1 - Identity Documentation: Copies of identity documents for all beneficial owners listed

2. Schedule 2 - Ownership Structure Chart: Visual representation of the ownership and control structure

3. Schedule 3 - Supporting Evidence: Additional documentation supporting the beneficial ownership claims

4. Schedule 4 - Register Extract: Relevant company register extracts confirming corporate information

5. Appendix A - Declaration Forms: Standard UBO declaration forms required by Belgian authorities

6. Appendix B - Power of Attorney: If applicable, authorization documents for person signing the declaration

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Declaration Form

Cost

Free to use

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