The obligation to submit data regarding beneficiaries of actual Polish companies since October 13, 2019

In connection with the entry into force of the Act of March 1, 2018 on Counteracting Money Laundering and Terrorist Financing, from October 13, 2019, any general partnerships, limited partnerships, limited joint-stock partnerships, limited liability companies and joint-stock companies, with the exception of public companies, will be obliged to report data concerning their beneficiaries to the Central Registry of Beneficiaries (hereinafter – the Registry), an IT system operated by Polish Minister of Finance.

The scope of data to be reported

In addition to basic data about the company (name, organizational form, registered office, KRS and NIP numbers), the following information regarding the beneficiaries is also must be reported to the Registry: first name and surname, citizenship, country of residence, PESEL number or date of birth – for persons without a PESEL number and information on the share size and type of the share or rights vested in the beneficiary.

Deadlines for reporting the data to the Registry

The above information is reported to the Registry no later than within 7 days from the date of the company’s entry into the National Court Register. If the above data of the company or the beneficiaries has changed, the change should be reported within 7 days of the change.

Companies that were entered in the National Court Register before October 13, 2019 will also have to submit the analogous data to the Registry within 6 months from that date.

The procedure of reporting

Reports to the Register are made by a person authorized to represent the company (partners – in the case of general, limited and limited joint-stock partnerships, board members – in the case of limited liability companies and joint stock companies) in the form of an electronic document with a qualified electronic signature or signature confirmed by a trusted ePUAP profile. The application is made under penalty of criminal liability for making a false statement.

The register is publicly open. Pursuant to the Ordinance of the Minister of Finance of 16 May 2018, information about beneficiaries can be made available subject to provision of PESEL number of the actual beneficiary or the name and date of birth of the actual beneficiary – in the case of a person without a PESEL number or company tax identification number.

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