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 4. Beneficial Ownership Guidance
    



BENEFICIAL OWNERSHIP GUIDANCE

Please note: These guidance notes are not intended to be definitive legal advice
and should not be relied upon as such. The interpretation of legislation is a
matter on which the Guernsey Registry cannot advise and entities/individuals
need to form their own independent view on compliance with the legislation.
Independent legal advice is advised where there is any uncertainty.

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The guidance notes on this page give information on the definition of beneficial
ownership and how to file beneficial ownership submissions.


FILING BENEFICIAL OWNERSHIP INFORMATION

The Beneficial Ownership of Legal Persons (Guernsey) Law, 2017 came into force
on 15 August 2017. 

Since that date, all Guernsey companies have been required to file beneficial
ownership information. New companies must file beneficial ownership information
on incorporation. All companies must ensure that any changes to the beneficial
ownership information is submitted to the Registry within 14 days. 

Beneficial owners must be registered with the Guernsey Registry before they can
be appointed on the system. Further guidance on making a person registration is
available here:

Resident agent exempt entities are not required to file a beneficial ownership
declaration.

To make beneficial ownership filings and to make changes to beneficial owner
information you will need to make a 'nominated person' submission in the Online
Services Portal and be an authorised filer for the entity (this does not apply
to CSPs who have a different approvals process). You will need to upload
certified proof of ID and proof of address with the submission. Guidance is
available in the table below and at Authorised Filer & Nominated Person

Guidance NoteDescription Person Registration Guidance [988kb]

Guidance on how to file a person registration in the Online Services Portal. 

 Nominated Person Guidance [764kb]Guidance on filing a 'nominated person'
submission in the Online Services Portal.  Certified Document Guidance
[137kb]Guidance on certified documents.


 


GUERNSEY REGISTRY THEMATIC ON TIER 1 AND TIER 2 BENEFICIAL OWNERSHIP

This thematic questionnaire is issued by the Registrar of Beneficial Ownership
of Legal Persons (the "Registrar") in the exercise of its powers under paragraph
4 of Schedule 2 to the Beneficial Ownership of Legal Persons (Guernsey) Law,
2017 (the "Law") to require information to be disclosed to the Registrar. 

You can access the questionnaires using the below link:

Tier 1 Beneficial Ownership questionnaire

Tier 2 Beneficial Ownership questionnaire

Guidance NoteDescription Guidance - Thematic on Tier 2 Beneficial Ownership
[208kb]Guidance on the Tier 2 Beneficial Ownership thematic questionnaire Tier
1, 2 & 3 BO Flow Chart [554kb]Flow chart illustrating Tiers 1, 2 and 3
Beneficial Ownership Guidance on adding Beneficial Owners [319kb]Guidance on
completing the 'Add Beneficial Owners' form

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BENEFICIAL OWNERSHIP DEFINITION AND FURTHER INFORMATION

The definition of beneficial ownership for the purposes of registration are set
out in The Beneficial Ownership (Definition) Regulations, 2017.

The below guidance notes give detailed information on the definition of
beneficial ownership, including complex ownership structures and examples.

 Guidance NoteDescription Guidance on the meaning of beneficial owner
[361kb]Detailed guidance on the meaning of beneficial owner, including example
structures. Guidance on nominee relationships [168kb]Detailed guidance on
nominee relationships, including filing requirements.  Guidance on Corporate
Beneficial Owners [304kb]

Guidance relating to the use of Corporate Beneficial Owners

 Beneficial Ownership and Nominee Relationship records [142kb]Template record of
beneficial owners, to be kept at the registered office.

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DOCUMENT DOWNLOADS

Guidance on Corporate Beneficial Owners

Guidance on Corporate Beneficial Owners


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RELEVANT LINKS & INFORMATION

The Beneficial Ownership of Legal Persons (Guernsey) Law, 2017

The Beneficial Ownership (Definition) Regulations, 2017


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