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Published: 20 October 2014
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14.10.2014 law was passed which provides with amendments to several laws, which are aimed for establishing a mechanism to identify a natural person - the final beneficiary, and open free access to the State Register of rights of immovable property:
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_2?pf3516=5114&skl=8
The text of the law and the bill are different only in view of the responsibility for head of the company if he within 6 months from the date when this law come into force will not give information about beneficiary of the company. Previously, the bill provides with criminal liability - a fine from 1000 till 2000 untaxed minimum incomes (from 17000 till 34000 uah), or public works for a term from 160 till 240 hours, which was replaced with the administrative responsibility in the form of a fine from 5100 till 8500 uah.
According to the law the final beneficiary of the company is a natural person who, regardless of formal ownership is able to make a decisive influence over the management or business activities of the company and has amount of shares 25% and more of the share capital. The final beneficiary cannot be a person, who has the formal 25 percent or more of the share capital of company, but is an agent, nominee holder (nominee) or is just an intermediary with respect to such rights.
In the Unified State Register of legal entities and natural persons-entrepreneurs will be included information about the list of founders (participants) of a legal entity; information about the final beneficiary (surname, first name, country of citizenship, passport of Ukrainian citizen or foreigner passport document, place of residence, the registration number of the taxpayer registration card (if available), information about the ownership structure of the founders - legal entities (except for political parties, lawyers' associations, chambers of Commerce, government agencies, local governments and their associations).
Also, this law also makes information about the registered rights of the real estate open and public - information can be obtained in electronic form (via the official website of the central executive authority) and written.
The law will come into force after is the President's signature and publishing.