Legal basis, case studies, FAQs and information on registers of other countries
Here you will find an overview of the applicable legal provisions and the information available on other Member States.
General legal bases
The Register of Beneficial Owners is an implementation of Art. 30 and 31 of Directive (EU) 2015/849 (4th Anti-Money Laundering Directive). The Beneficial Owners Register Act (BORA), Federal Law Gazette I 136/2017 implements the Register for Companies and Other Legal Persons and the Register for Trusts, which were provided for in the 4th Anti-Money Laundering Directive, in a central register. A translation of the federal act is also available under the link here. On 26 April 2018, the Federal Ministry of Finance published a comprehensive decree with respect to identifying, verifying the identity and reporting beneficial owners, which presented the legal opinion of the Finance Ministry on a wide range of questions. The decree can be found under the direct link here. A translation of the decree is also available under the link here. (PDF, 1 MB)
- Beneficial Owners Register Act (BORA), Federal Law Gazette I № 136/2017in the version Federal Law Gazette I № 25/2021 (PDF, 366 KB)
- BORA User Fee Directive, Federal Law Gazette II № 77/2018, in the version of Federal Law Gazette II № 437/2019 (PDF, 128 KB)
- BORA Inspection Directive, Federal Law Gazette II № 390/2019 (PDF, 122 KB)
The BORA BMF decree
On 26 April 2018, the Federal Ministry of Finance published a comprehensive decree on the identification, verification and reporting of beneficial owners, which sets out the legal view of the ministry for a wide range of issues. You can find the updated decree via Findok of the Federal Ministry of Finance by following this direct link. A translationis availiable here (PDF, 1 MB).
Information on registers of other Member States and third countries
As part of the introduction of the compliance package, extensive information on the legal forms and documents available in other Member States and third countries will be produced. A first step is to provide information on the registers existing in other Member States and third countries, on how to use them and on the competent authorities.