Transparency register; inspection
The information on ownership structures - i.e. beneficial owners - of companies, foundations and similar arrangements recorded in the Transparency Register can be viewed.
Description
Information on the beneficial owners of associations and other legal entities is made available via the Transparency Register. The transparency register can only be inspected electronically via the website of the transparency register (see "Online Procedure"). Inspection is only possible after prior online registration (see "Online Procedure").
The inspection takes place electronically via the user account of the respective inspecting party.
As of January 1, 2020, access to the information on beneficial owners in the transparency register is generally public (Section 23 (1) sentence 1 no. 3 AMLA).
In the case of legal entities under private law and registered partnerships, trusts and trust-like legal structures, inspection is permitted to the following institutions and persons:
- unrestricted access: supervisory and law enforcement authorities, Central Financial Transaction Investigation Authority, Federal Office of Administration, Bundesanzeiger Verlags GmbH, the authorities responsible pursuant to Section 13 of the Foreign Trade and Payments Act, the Federal Central Tax Office and the local tax authorities pursuant to Section 6 (2) No. 5 of the German Fiscal Code, the authorities responsible for the investigation, prevention and elimination of risks, the courts and authorities pursuant to Section 2 (4) of the German Money Laundering Act (GwG)
- Access only on a case-by-case basis and within the scope of their customer due diligence obligations: Obligated parties pursuant to Section 2 (1) AMLA (e.g., dealers in goods who must comply with due diligence obligations for the prevention of money laundering)
- restricted access: all members of the public (e.g., non-governmental organizations, journalists and private individuals). However, these can only know the surname, first name, month and year of birth of the beneficial owner, the country of residence and all nationalities of the beneficial owner, as well as the nature and extent of the beneficial interest, unless the other information is already apparent from other public registers.
At the request of the beneficial owner, the Bundesanzeiger-Verlag may fully or partially restrict the inspection of the transparency register and the transmission of the data, taking into account all circumstances of the individual case, due to overriding interests worthy of protection.
Examples: The beneficial owner is a minor or legally incompetent; facts justify the assumption that the inspection would expose the beneficial owner to the risk of becoming a victim of e.g. fraud, hostage-taking, etc.
Prerequisites
An application for inspection of the transparency register is only possible via the website of the transparency register (see under "Online Procedure").
The application must specify the association pursuant to Section 20 (1) AMLA or the legal structure pursuant to Section 21 (1) and (2) AMLA and the period or point in time for which the person requesting inspection of the transparency register is requesting inspection.
Procedure
The inspecting party or the person acting on behalf of the inspecting party may only submit applications using the electronic application forms of the Transparency Register (see "Online Procedure"). This is the only way to properly request inspection of the transparency register.
At least the following data must be submitted to the Transparency Register upon registration:
- if the person who is to inspect the data is a natural person,
- the first and last name,
- the e-mail address and the telephone number as well as
- the address and, if different, the billing address
- if the party requesting access is a legal entity,
- the company name or the name of the non-natural person
- the address of the registered office of the non-natural person and, if different, the billing address,
- the first and last name of the natural person in charge of registration, and
- the e-mail address and telephone number of the natural person in charge of registration.
Special notes
If discrepancies are discovered in the course of money laundering audits by obligated parties or in the course of inspections by authorities, these must be reported to the registry-keeping unit without delay (Section 23a AMLA).
Fees
Inspection of the transparency register is subject to a fee. In contrast, entries, order changes, cancellations and corrections are not subject to a fee. The amount of the fee for
- the inspection by retrieving the information on the beneficial owner of certain associations: 1.65 euros per retrieved document
- the printout of information on beneficial owners of certain associations: 7.50 euros per printout plus the inspection fee
- registrations and identifications of beneficial owners pursuant to Section 24 (2a) AMLA for the provision of information pursuant to Section 23 (6) AMLA: 50.00 euros per registration of a beneficial owner for a legal entity.
- If a printout is notarized, only the notarization fee of 10.40 euros per notation shall apply in addition to the inspection fee.
Links to more information
Status: 09.04.2022
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited