A person who owns or controls a business, trust, or other legal entity and receives benefits from its assets and earnings is said to have Ultimate Beneficial Ownership (UBO). Whether directly or indirectly, the actual person who created a legal entity is ultimately in charge of it.

Cabinet Resolution No. 58 of 2020 on the Regulation of the Procedures Related to Real Beneficiaries (“Decision”) has replaced Cabinet Decision No. 34 2020 in the United Arab Emirates. Ultimate Beneficial Ownership (UBO) aims to improve the transparency of entities registered in the United Arab Emirates. Additionally, it intends to enhance implementation to guarantee international compliance and confidence worldwide and create efficient and long-lasting executive and regulatory structures and procedures for beneficial owner data.

The law about the prevention of fraud applies to electronic money institutions. Of terrorism financing and money laundering, for which they must fulfil client identification requirements. Finding their clients’ Ultimate Beneficial Owners (UBO) is one of these responsibilities. By addressing the entirety of UBO in the UAE, BMS Auditing provides the best management consultancy in the country.

The law about the prevention of fraud applies to electronic money institutions. Of terrorism financing and money laundering, for which they must fulfil client identification requirements. Finding their clients’ Ultimate Beneficial Owners (UBO) is one of these responsibilities. By addressing the entirety of UBO in the UAE, BMS Auditing provides the best management consultancy in the country.

UBO Declaration in Dubai

What are the Exceptions to Ultimate Beneficial Ownership?

The Regulations do not apply to companies wholly owned by the federal or local government or their subsidiaries, in addition to companies registered in the financial free zones in UAE, namely the Dubai International Financial Centre and the Abu Dhabi Global Market.

Ultimate Beneficial Owner (UBO) Declaration
According to the Regulations, UBOs are:

  • Whoever has the right to vote for at least 25% of the entity’s shares or who owns or controls at least 25% of the shares through direct or indirect ownership.

Ultimate Beneficial Owner (UBO) Declaration
According to the Regulations, UBOs are:

  • Whoever has the right to vote for at least 25% of the entity’s shares or who owns or controls at least 25% of the shares through direct or indirect ownership.
  • The person who exercises control over the entity through other ways will be regarded as the UBO if no UBO is recognised by the above or if there is any doubt as to whether any identified UBO is the real UBO.
  • A person in charge of the entity’s senior management shall be regarded as the UBO if none of those above requirements are satisfied.

The UBO registration form needs to have a few specific details. This encompasses, among other things, the name, nationality, birthplace, home address, and travel ID card number (as well as the date of issuance and expiration) of the UBO. It is also necessary to state the basis for the person’s classification as a UBO and, if relevant, the date the person stopped being a UBO.
The following entities are exempt from the need to keep a registry of UBOs:

  • A company fully owned by a listed company listed on a recognised stock market is subject to disclosure standards guaranteeing sufficient transparency of its beneficial owners.

There is no additional information on recognised stock exchanges in the Regulations.

Joint Venturers and Stockholders

A business must keep track of its partners’ or shareholders’ information for the register as specified by the regulations for partners or shareholders, and update said register if a change occurs within 15 days of the date of the change.

Some information, including the number of shares held by each partner or shareholder without limitation, the date of acquisition and the voting rights attached to shares by each partner or shareholder, must be included in the register of partners or shareholders. As the Regulations specify, information about each joint venturer and shareholder (whether a natural or legal person) included in the register must also be supplied.

UBO Declaration in Dubai

Some information, including the number of shares held by each partner or shareholder without limitation, the date of acquisition and the voting rights attached to shares by each partner or shareholder, must be included in the register of partners or shareholders. As the Regulations specify, information about each joint venturer and shareholder (whether a natural or legal person) included in the register must also be supplied.

Infractions and Penalties for Final Beneficial Ownership

To avoid penalties, including administrative fines ranging from AED 50,000 to AED 1,000,000, all companies registered and licensed in the UAE, which includes commercial-free zones, must present authentic details (Data) of their (Real) beneficiaries.

Cabinet Decision No. (16) of 2021, under the supervision of the Ministries of Justice and Economy, relates to the Unified List of Violations and Administrative Fines for the said violations of measures to combat Money Laundering and Terrorism Financing.

Cabinet Decision No. (16) of 2021, under the supervision of the Ministries of Justice and Economy, relates to the Unified List of Violations and Administrative Fines for the said violations of measures to combat Money Laundering and Terrorism Financing.

How Can the Ultimate Beneficial Owner in UAE Be Determined?

The Final Rule for Beneficial Ownership
The following is the definition of the Ultimate Beneficial Owner as per Cabinet Resolution No. (58) of 2020:

  • A natural person who controls or owns the establishment permanently via direct or indirect ownership of 25% or more shares.
  • Alternatively, a person with a 25% or more majority of the vote, the authority to select or remove the majority of the establishment’s administrators, or any other method by which he maintains ultimate control over the establishment.
  • Let’s say the two criteria above are unable to identify the UBO. In that instance, the UBO can be a natural person who works for the corporation as a Senior Management Official.
UBO Declaration in Dubai
  • A natural person who controls or owns the establishment permanently via direct or indirect ownership of 25% or more shares.
  • Alternatively, a person with a 25% or more majority of the vote, the authority to select or remove the majority of the establishment’s administrators, or any other method by which he maintains ultimate control over the establishment.
  • Let’s say the two criteria above are unable to identify the UBO. In that instance, the UBO can be a natural person who works for the corporation as a Senior Management Official.

The critical component in the UAE’s procedures is the Ultimate Beneficial Owner method for preventing the financing of terrorism, unlawful organisations, and the spread of weapons of mass destruction while adhering to the guidelines of the Financial Action Task Force and the National AML policy. These will support the goals of Cabinet Resolution No. 58 of 2020 governing the ultimate beneficial owner procedures and Federal Decree-Law No. 20 of 2018 on Anti Money Laundering and Financing of Illegal Organisations and Countering Financing of Terrorism.

UBO Declaration in Dubai

How Can Rewind Consultancy Help?

The Resolution states that the auditor will prepare the registrations for the UBO’s shareholders, partners, and director/manager nominees (if applicable) on your behalf. You don’t need to worry about your UBO declaration because Rewind Consultancy will handle it. In addition, we shall inform the appropriate authorities of any modifications or updates to the data supplied.

FAQ

What is UBO filing?
According to the new rules, corporations that hold licences and registrations in the United Arab Emirates must keep registers and provide local authorities with their information. This would force businesses to evaluate their ownership structure, for which Farahat & Co. business consultants in the UAE can offer professional guidance.
Cabinet Resolution No. 58 of 2020 Regulating Beneficial Owner Procedures mandates that the following be prepared and filed by entities licensed in the United Arab Emirates (apart from exempted entities):
  • Registration of Beneficial Owners
  • Register of Nominee Directors
  • Register of Partners or Shareholders
An entity is granted a UBO certificate upon effectively adhering to UBO regulations. The certificate provides evidence that the organisation has verified its UBO and keeps a record of its beneficial owners and other necessary data.

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