
Beneficial Ownership Central Register Legal Regime
EA Brief
22 August, 2018Ordinance no 233/2018, of 21/08
The Ordinance no 233/2018, of 21/08 (“Ordinance”), published in the Official Gazette, regulates the Beneficial Ownership Register the Legal Regime, approved by the Law no 89/2017, of 21th August.
The referred Ordinance defines:
- The beneficial owners declaration form;
- The circumstances indicating the quality of beneficial owner, foreseen in the Law no 83/2017, of 18th August, that must be considered in the filling of the declaration form;
- The deadline for the Ficheiro Central de Pessoas Colectivas and the Autoridade Tributária e Aduaneira to communicate the information to the Beneficial Owner Register (RCBE);
- The way the information of the beneficial owners must be provided;
- The authentication procedures of the required entities, as well as the search criteria;
- The terms in which the information and the certificates are obtained from the database;
- The first declaration deadline submission due by existing entities;
- The way and the deadline of the communication by the entities subject to competent sectorial authorities to identify the entities to whom they provide the services referred in paragraph a) of the no 2 of the article 3 of the RCBE Legal Regime, or with whom they maintain the business relationships referred in paragraphs c) and d) of the same number of article 3;
- The terms and the deadline for the electronic confirmation and communication to RCBE, made by the sectorial authorities, of the quality of entity subject to registration, according with paragraphs a), c) and d) of the no 2 of the article 3 of the RCBE Legal Regime.
The initial declaration of the entities subject to the RCBE which are already incorporated at the moment of the entry into force of this Ordinance must be done until 30 June 2019, as follows:
- Until 30 April 2019, entities subject to commercial registration;
- Until 30 June 2019, other entities subject to the RCBE.
The first phase of the initial declaration starts at 1 January 2019.
This Ordinance enters into force on 01/10/2018.