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Beneficial Ownership Declaration Form Template for Germany

A legally mandated form under German law (Geldw盲schegesetz - GwG) that requires legal entities to declare and document their beneficial ownership structure. This document captures detailed information about natural persons who ultimately own or control the entity, including direct and indirect ownership, voting rights, and other forms of control. It serves as a critical component of Germany's anti-money laundering framework and helps maintain transparency in corporate ownership structures, aligning with EU directives and international standards for preventing financial crime.

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What is a Beneficial Ownership Declaration Form?

The Beneficial Ownership Declaration Form is a mandatory document required under German anti-money laundering legislation (Geldw盲schegesetz - GwG) and the Transparency Register and Financial Information Act (TraFinG). It must be completed by legal entities operating in Germany to disclose their ownership structure and identify natural persons who ultimately own or control the entity. The form is typically required during company registration, when opening bank accounts, during significant ownership changes, or when updating information in the Transparency Register. It includes comprehensive details about beneficial owners, including their personal information, the nature and extent of their beneficial interest, and supporting documentation. This declaration helps authorities combat money laundering, terrorist financing, and other financial crimes while ensuring compliance with both German and EU regulations.

What sections should be included in a Beneficial Ownership Declaration Form?

1. 1. Declaring Entity Information: Details of the legal entity making the declaration, including legal name, registration number, legal form, and registered address

2. 2. Contact Person Details: Information about the authorized person completing the form, including their position and contact details

3. 3. Beneficial Ownership Declaration: Core section identifying all natural persons who qualify as beneficial owners under 搂3 GwG, including ownership percentages and nature of control

4. 4. Control Structure: Description of how control is exercised, including voting rights, control agreements, or other means of control

5. 5. Verification of Information: Declaration of the accuracy of provided information and supporting documentation

6. 6. Signature Block: Legal signature section including date and place of signing

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

1. Complex Ownership Structure: Additional section for entities with multi-layer ownership structures or indirect beneficial ownership

2. Trust Arrangements: Section for cases involving trusts or similar legal arrangements

3. Nominee Arrangements: Declaration of any nominee shareholders or arrangements

4. State Ownership: Special section for entities with government or state ownership

5. Unable to Identify Beneficial Owner: Section to be completed when no natural person can be identified as beneficial owner

What schedules should be included in a Beneficial Ownership Declaration Form?

1. Schedule 1: Ownership Structure Chart: Visual representation of the complete ownership structure

2. Schedule 2: Beneficial Owner Details: Detailed information about each beneficial owner including identification documents

3. Schedule 3: Supporting Documentation: List of attached documents verifying the beneficial ownership information

4. Appendix A: Definitions: Key terms and definitions as per GwG and relevant regulations

5. Appendix B: Guidance Notes: Instructions for completing the form and regulatory requirements

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

GenieAI

Document Type

Declaration Form

Cost

Free to use

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