Declaration of beneficial owners: the companies concerned
Many formalities are to be carried out when creating a company’a company. Among the most important documents is the declaration of the company’The declaration of beneficial owners can be made online, with the Blog of a company or of a group of beneficial owners that constitute the company. L’registration in the register of beneficial owners, or RBE, has become mandatory since August 2, 2017, with the’entry into force of the Sapin 2 law. What are the steps to be taken ? For which types of companies is this obligation necessary?’When applying ? Discover the companies concerned by the declaration of beneficial owners.
How to identify a beneficial owner in a company ?
Any natural person who has the power to control a company can register itôthe on a company is called beneficial owner. This can be an important position at the organ level’It can also be used for administrative, management, executive or business purposes’meeting of the company’s shareholders. He can therefore’It is the right of any shareholder holding more than 25% of the capital of a satellite dish to act’a company or a group of companies’a person owning it of the voting rights.
In general, it is’persons placed at the head of the company.
If the’there is no shareholder with more than 25% of the capital, s legal executive’a company is considered as beneficial owner. Indeed, in order for’If a company is legally recognized, it must declare at least one person as a shareholder.
This declaration, required by law, must be made at the time of l’registration of the camera’a company. It is then imperative that it be updated whenever the company changes or evolves, such as when the company is acquired’Add new shareholders, get the best shot possible’a fusion, etc.
How to make a declaration of beneficial owners on a BPR ?
In order to make a declaration of beneficial owners, certain formalities must be respected, which can be done online, with the’s help platform of’support to companies. Each beneficial owner must complete a form and file the document with the clerk of the commercial court.
The persons concerned must fill in the form M’BE. To do this, simply download the document and fill in all the required information. The form is available on official websites like infogreffe.en.
If you file your M form’BE with your application for registration’When registering, you must check the box « Spacer (Continued from M0 – M2 – M3) ».
Which companies are affected by the declaration of beneficial owners ?
Not all companies are concerned by the declaration of beneficial owners. Indeed, only civil and commercial companies are bound by this obligation. The declaration is to be made at the time of the’registration in the RCS or register of commerce and companies.
This obligation does not concern listed companies.
Companies with the legal status The following are concerned by the declaration of beneficial owners:
- commercial companies such as SARL, SAS, SASU, EURL,
- civil companies such as SCI, SCP, as well as associations registered with the RCS,
- the MSEs or groupings of’economic interests are also affected by the declaration of beneficial owners, as well as collective investment schemes.
It should be noted, however, that this regulation does not affect self-employed persons. This will’This can be explained by the ease of use’If you want to capture the identification of the person controllingôlant l’auto-entreprise. The authorities do not require a declaration of beneficial ownership’These phones do not need any’a declaration to know who is the head of the company.
When is it necessary to make a declaration? ?
The declaration of beneficial owners must be made as soon as the application is created’For companies that were created after the month of the merger, it is important to have a record of the entity’August 2017. The document is to be filed with the clerk of the commercial court. The formalities are to be carried out at the time of the application of’registration, or at the latest 15 days after the issuance of the receipt obtained after the filing of the file of creation of the company’company.
The declaration of beneficial owners can also be made within 30 days of the date of the declaration the rectification of information d’a company, s’s’acts of’a modification of the initial data. This is usually the case when filing a new document’redemption of a share in the company’if you are a partner and the partner obtains at least 25% of the shares and the right to vote.
What information is required for a beneficial owner declaration? ?
In order to make a declaration of beneficial ownership, certain information must be entered on the form.
Declare the information on the’legal entity of the company
Certain information about the company must be included in the beneficial owner document the declaration form, including :
- the company name or the corporate name,
- the legal form,
- l’address of the registered office.
It is also necessary to’the unique number of the company’The identification number mentioned in the RCS, with the name of the city of the company clerk’s office’registration of the head office.
Specify the information on the beneficial owner
All information concerning the beneficial owner must be mentioned in the declaration.
Among the most important are :
- the name,
- the name of’use,
- the pseudonym,
- the first names,
- the date and place of birth,
- l’personal address of the individual.
The methods of controlôthe on the’the legal entity or the company must be present in the declaration file. It is also necessary to’To indicate in the declaration file the date on which the natural person became the beneficial owner in the company’company.
Once all the information has been filled in, all that is left is for you to fill in the form’The form must be dated and signed by the legal representative, who will then file itôof the file.
How to file the beneficial owner document ?
The beneficial owner declaration form must be filed with the clerk of the commercial court of the city where the company is located the registered office of the company.
It should be noted that the’registration in the register of beneficial owners has a cost, and the rates are applicable since 2021. This cost varies according to the situation:
- if you are making the declarationôYou will have to send us your document when you ask for the registration’registration, or at the latest 15 days following the delivery of the receipt of the creation of the’21.41 for the registration of the company €,
- it can reach 44,70 € if you are filing a supplemental or amending document to the notification package,
- it can change if necessary’s’acts of’a depôThe cost of the declaration may be higher than the cost of the beneficial owner documents’It is also necessary to have a legal entity with a registration date of more than one year’before August 1st, 2017. However, in this case, the cost of the declaration may be higher’to raise to 48,77 €.
In all cases, the cost is the same, regardless of the number of shares’it must’the company’s registered office’one or more declared beneficial owners. The procedures for the declaration to the register of beneficial owners can be done online. However, in this case, the cost of the filing will not be refundedôThe registration fee is 22,52 €.
To do so, you must go to infogreffe.fr, the official website of the commercial court registries.
What are the purposes of the declaration?’a declaration of beneficial owners ?
L’establishment of’a list of beneficial owners is required to combat tax fraud, terrorism and money laundering’money. The declaration makes it possible to know the directors of the company’a company and to’It allows to easily identify the persons having a power of control over the fileôthe on the’company. It thus makes it possible to follow the flows of information’money due’a structure.
On the other hand, the document concerning the beneficial owners must not be made public and only a few entities can have access to it.
Who can access the information of the register of beneficial owners ?
It is important to know that’The network marketers are the ones who have the power to recruit and sponsor new members’was not accessible to the general public. Indeed, only the people indicated in the’article R561-57 of the Monetary and Financial Code could access the register.