UBO Registries and Privacy Limits: Aligning with the 5th and 6th EU AML Directives
An audit brief on beneficial ownership transparency, corporate compliance requirements, and privacy safeguards in European jurisdictions.
The establishment of public Ultimate Beneficial Owner (UBO) registries across the EU has introduced tensions between transparency mandates and data privacy rights, necessitating balanced compliance strategies.
1. Beneficial Ownership Disclosures
Under the 5th AML Directive, companies must register individuals holding more than 25% ownership or control. We assist in filing precise compliance structures to satisfy registry requirements without exposing unnecessary executive details.
2. Privacy Limitations Post-CJEU Ruling
The Court of Justice of the European Union (CJEU) struck down unrestricted public access to UBO registries. We structure compliance protocols that balance disclosure obligations with executive privacy, invoking the court's safeguards.
3. Corporate Governance Audits
We run annual corporate registry audits under the 6th AML Directive, which increases criminal liability for corporate omissions, to ensure company structures remain aligned with shifting regulatory directives.
This briefing is prepared for general informational purposes and does not constitute direct legal advice. Clients are advised to complete independent compliance and conflict verification before making capital commitments.
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