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Registration in the Czech UBO-register  Registratie in het Tsjechische UBO-register   Eintrag Transparenzregister - UBO-register - Tschechien            

Registration in the Czech UBO-register

For some years now all Czech entities are required to register the persons who have an interest of more than 25% in the company. This UBO-register is called the ESM register in the Czech Republic (Evidence Skutecnych Majitelu).

What is a UBO?

An Ultimate Beneficial Owner (UBO) is defined as the natural person who is the ultimate owner or has a decisive vote in the respective legal entity or enterprise. If no UBO can be identified, a senior managing official, being the natural persons of the management board of the company must be registered as UBO (the so-called pseudo-UBO).

The following persons will be considered as UBO:
  • persons who (directly or indirectly) own more than 25% of shares of a company or legal entity
  • persons who (directly or indirectly) have more than 25% of voting rights of a company
  • persons who are effectively in control of the company.

Which companies are required to register a UBO?

The companies that are required to register for example are:
  • private and public limited companies (SRO / AS) not listed on the stock exchange
  • foundations
  • associations with full legal capacity
  • associations with limited legal capacity but with business activity
  • cooperatives
  • partnerships: partnership (maatschap), general partnerships (vennootschap onder firma) and limited partnerships (commanditaire vennootschap)
  • shipping companies
  • European limited liability companies (SE)
Foreign companies that only have branch offices in Czechia do not have to register their ultimate beneficial owners in the Czech ESM-register. Foreign companies (for example Ltd or GmbH) should register their UBOs in the UBO-register of their country of origin, in accordance with the legislation in the home state.

What information should be provided to the Czech authorities?

  • First and last name, birth date & plce, adress of the UBO
  • Copy of passport
  • Social security number (BSN) if available, or else the foreign TIN
  • Nationality of the UBO
  • The type and the size of the interest (number of shares) and proof
If persons who are effectively in control of the company (manager directors) will be considered as the UBO, no proof is required if they are registered at a trade register. Please be informed that not all aforementioned information will be visible to third parties.

How can I register a UBO?

Normally, a member of the board (jednatel) can file an application online, using the applicable form. This form is in Czech only, we can of course help you with it (please contact us, see below).

When should the registration be arranged?

Czech companies should arrange the registration by the end of May 2021.

Help with the UBO-registration

If you have any questions about this procedure, please do not hesitate to contact us, Hartmanova.eu! We, the Hartmanova.eu team, will be happy to help you!
info@hartmanova.eu

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