14 Amendments of Emilie TURUNEN related to 2013/0025(COD)
Amendment 121 #
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and make this information available to competent authorities and obliged entities. In addition, trustees should declare their status to obliged entitbeneficial ownership information on companies and trusts is available through public registries.
Amendment 214 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
Article 3 – paragraph 1 – point 5 – point a – point i – paragraph 1
A percentage of 2510% plus one share shall be evidence of ownership or control through shareholding and applies to every level of direct and indirect ownership;
Amendment 288 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall prohibit their credit and financial institutions from keeping anonymous accounts or, anonymous passbooks or issuing anonymous payment cards. Member States shall in all cases require that the owners and beneficiaries of existing anonymous accounts or, anonymous passbooks or anonymous payment cards be made the subject of customer due diligence measures as soon as possible and in any event before such accounts or passbooks are used in any way.
Amendment 331 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Obliged entities must identify the customer and the beneficial owner(s) of their customers in accordance with Article 11(a) and (b) before identifying a business relationship as lower risk.
Amendment 362 #
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownershipinformation on the following: (a) basic information: the company name, company number, proof of incorporation, legal form and status, the address of the registered office (and of the principle place of business if different from the registered office), the basic regulating powers (e.g. memorandum & articles of association), a list of directors (including their nationality and date of birth). (b) a list of its shareholders or members, containing the names of the shareholders and members, and number of shares held by each shareholder, and categories of shares (including the nature of the associated voting rights). For shareholders who are natural persons the list shall include their name, date of birth and nationality. For shareholders who are corporate or legal entities, the list shall include their name, company number and jurisdiction of incorporation. (c) if a company's beneficial owner is different from its shareholders, a list of the beneficial owner(s), including their name, date of birth, nationality and country of residence. If relevant, this list should include their proportion of shareholding or control.
Amendment 381 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member states shall ensure that the information referred to in paragraph 1 is adequate, accurate and up-to-date. If any of the information changes, the corporate or legal entity must update the registry within 30 days. There should be appropriate administrative sanctions for natural and legal persons who provide fraudulent information in line with Section 4 of this Directive.
Amendment 390 #
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Member Sstates shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entitiescompany registers are accessible online to the public, in open data format.
Amendment 397 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that trustees of any express trust governed under their law obtain and hold adequate, accurate and current information on beneficial ownership regarding the trust. This information shall include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. The information held should include the date of birth and nationality of all individuals.
Amendment 400 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member Sstates shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10all express trusts governed under their law are listed in a registry of trusts.
Amendment 403 #
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member Sstates shall ensure that the information referred tocollected in paragraph 1 of this Articlis submitted to the register by the trustee can be accessed in a timely manner by competent authorities and by obliged entitiesd that it is adequate, accurate and up-to- date. There should be appropriate administrative sanctions for individuals who provide fraudulent information in line with Section 4 of this Directive.
Amendment 407 #
Proposal for a directive
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member states shall ensure that trust registers are accessible online to the public, in open data format.
Amendment 408 #
Proposal for a directive
Article 30 – paragraph 4 b (new)
Article 30 – paragraph 4 b (new)
4b. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 410 #
Proposal for a directive
Article 30 – paragraph 4 c (new)
Article 30 – paragraph 4 c (new)
4c. Member States shall ensure that measures corresponding to those in paragraphs 1, 2 and 3 apply to other types of legal entity and arrangement with a similar structure and function to trusts.
Amendment 535 #
Proposal for a directive
Annex 3 – paragraph 1 – point 2 – point b
Annex 3 – paragraph 1 – point 2 – point b
(b) products or transactions that might favour or allow for anonymity;