Information - Transparenzregister; Einsicht - Dienstleistungsportal Bayern

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).

Required documents

• Proof of identity
  • in the case of a natural person: e.g. a copy of a valid official identity document containing a photograph of the holder and fulfilling the passport and identity document requirement in Germany;
  • a copy of the documents referred to in section 1(1) of the Payment Account Identity Verification Ordinance;
  • a certificate provided for in section 12 (1) sentence 1 nos. 2 to 4 of the GwG
  • in the case of a legal entity: e.g. a copy of an extract from the commercial or cooperative register or of formation documents and
  • the valid identification code for legal entities.

• Authorities: Confirmation that the inspection is necessary for the fulfilment of their legal duties.
• Obligated persons according to § 2 GwG
  • proof that he is an obliged person pursuant to Section 2 of the MLA and that the inspection is intended to fulfil his due diligence obligations in one of the cases specified in Section 10 (3) of the MLA, or
  • in the case of repeated applications, it is sufficient to provide evidence of the entitlement to inspection at the time of the first inspection.

• All members of the public may submit an application for inspection of the transparency register pursuant to Section 23 (1) sentence 1 no. 3 AMLA.
• The office keeping the register may request further information to demonstrate the authorization if there is any doubt about the authorization of the person inspecting the data.

  At the request of the office keeping the register, the evidence may also be provided in the form of an affidavit.

Online procedures

• Transparenzregister - Elektronische Eintragung von wirtschaftlich Berechtigten, Einsichtnahme und Meldung von Unstimmigkeiten

  You must register in the Transparency Register if you wish to enter beneficial owners, inspect the Transparency Register or report discrepancies.

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.

Legal bases

• § 23 Gesetz über das Aufspüren von Gewinnen aus schweren Straftaten (Geldwäschegesetz - GwG)

Links to more information

• Transparenzregister - Aktuelle Nachrichten, Nutzungsbedingungen, Kurzanleitung, Rechtshinweise
• Merkblatt zum Transparenzregister
• Auslegungs- und Anwendungshinweise zum Gesetz über das Aufspüren von Gewinnen aus schweren Straftaten (Geldwäschegesetz - GwG)

Related issues

• Register of cooperatives; inspection
• Transparency register; registration