Amending declaration to the register of beneficial owners
Some commercial courts require the names of the beneficial owners of legal persons to be declared each year, even though they are always the same, rather than leaving it up to them to do so if there has been a change. This is the case, for example, of a family SCI for the management/acquisition of real estate, set up equally between two spouses, as stipulated in the articles of association, who are obliged to declare the absence of change. What does the Keeper of the Seals think?
“(…) While it is essential that the information relating to beneficiaries registered in the RCS is accurate and up-to-date, this does not require companies to renew their declaration annually. A new declaration is only required in the event that the information relating to beneficial owners has changed and needs to be corrected or completed. This is the case, for example, when a new natural person becomes a beneficial owner, or when the person who was designated as such loses that status. It is also the case, for example, when the home address or the name in use of a beneficial owner changes, or when the terms of control over the company change. When it is necessary to update the information relating to beneficial owners, Article R. 561-55 of the Monetary and Financial Code provides that the company must make a new declaration within thirty days. »