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 (PDF, 1 MB). A translation is available 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.
Legal form-specific documents and country-specific information
For selected jurisdictions, the registry authority provides country-specific information, which is continuously updated and expanded. This includes information on the legal forms typical for the country and on the country-specific documents (in each case for specific, locally available legal forms). Currently, information is available for the following jurisdictions:
- Netherlands (PDF, 221 KB)
- Liechtenstein (PDF, 180 KB)
- Switzerland (PDF, 172 KB)
- Czechia (PDF, 229 KB)
- United Kingdom (PDF, 160 KB)
- Cyprus (PDF, 158 KB)
- Ireland (PDF, 183 KB)
- Germany (PDF, 167 KB)
- Denmark (PDF, 195 KB)
- China (PDF, 185 KB)
- Latvia (PDF, 142 KB)
- Malta (PDF, 143 KB)
- Sweden (PDF, 149 KB)
- Hungary (PDF, 146 KB)
- Jersey (PDF, 146 KB)
- Russian Federation (PDF, 144 KB)
- France (PDF, 141 KB)
- Italy (PDF, 143 KB)
- Luxembourg (PDF, 157 KB)
- United Arab Emirates (PDF, 144 KB)
Note for the file according to Article 5a (3) BORA
If there are justified reasons against the transmission of a document to the register, a complete note for the file may be transmitted to the register instead of the document pursuant to Article 5a (3) BORA. The templates of the Federal Ministry of Finance may be used for the preparation:
For more information on the compilation of note for the files, please refer to item6.5 of the BORA BMF decree.
Confirmation of ultimate/superordinate legal entities
In order to assess whether there are deviating voting rights or control relationships, a confirmation of a ultimate/superordinate legal entity with its registered office in Austria or abroad can be obtained in accordance with item 6.3 of the BORA BMF decree. The templates of the Federal Ministry of Finance can be used for the preparation: