19 Amendments of Fabio Massimo CASTALDO related to 2021/0239(COD)
Amendment 220 #
(65) Detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. While a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners, it should be one factor among others to be taken into account. Member States should be able, however, to decide that a percentage lower than 25% may beThe Commission or Member States shall define based on the assessment of risks the type of sectors and types of legal entities where a lower threshold shall apply as an indication of ownership or control. Control through ownership interest of 25% plus one of the sharesas a defined percentage or voting rights or other ownership interest should be assessed on every level of ownership, meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.
Amendment 361 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point l
Article 3 – paragraph 1 – point 3 – point l
(l) investment migration operators permitted to represent or offer intermediation services to third country nationals seeking to obtain residence or citizenship rights in a Member State in exchange of any kind of investment, including capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity to the public good and contributions to the state budget; as well as government agencies directly operating residency by investment or citizenship by investment schemes.
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. By [2 years after the entry into force of this Regulation], AMLA shall issue guidelines on the elements that obliged entities should take into account when deciding on the extent of their internal policies, controls and procedures based on their assessed level of risk, including further guidance on how to define the number of staff entrusted with compliance functions as defined by Article 9, taking into account the size and type of obliged entities and the risk of the sector in which they operate. Considering the specificities of different types of obliged entities covered by Article 3, specific guidelines may be issued.
Amendment 457 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By [2 years after the date of entry into force of this Regulation], AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify the type of additional measures referred to in paragraph 2, including the minimum action to be taken by obliged entities where the law of a third country does not permit the implementation of the measures required under Article 13 and the additional supervisory actions required in such cases. The draft regulatory technical standards shall include a list of third countries where the minimum AML/CFT requirement are deemed equivalent to those set out in this regulation. This list shall be regularly updated.
Amendment 464 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the circumstances referred to in paragraph 1, credit and financial institutions and crypto-asset service providers shall apply customer due diligence when either initiating or executing an occasional transaction that constitutes a transfer of funds as defined in Article 3, point (9) of Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847 - COM/2021/422 final], or a transfer of crypto-assets as defined in Article 3, point (10) of that Regulation, exceeding EUR 1 000 or the equivalent in national currency.
Amendment 486 #
Proposal for a regulation
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) Obliged entities shall identify and record the name of individuals or entities acting as nominee directors or nominee shareholders and record their status as such.
Amendment 606 #
Proposal for a regulation
Article 25 – paragraph 2 – point a – point i
Article 25 – paragraph 2 – point a – point i
(i) the criminalisation of money laundering and terrorist financing, including predicate offences;
Amendment 662 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 753 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, when ‘control through an ownership interest’ shall meanis based on a threshold it shall be determined based on the Member States’ assessment of risk with a maximum of an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings, on every level of ownership.
Amendment 778 #
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. Obliged entities shall report to the entity in charge of the central registers any discrepancies they find between the beneficial ownership information available in the central registers and the beneficial ownership information available to them pursuant to Article 18 of this Regulation, whilst ensuring that banking secrecy laws do not inhibit the implementation of this provision.
Amendment 784 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall make recommendations to Member States ondefine, when applicable the specific rules and criteria to identitfy the beneficial owner(s) of legal entities other than corporate entities by [1 year from the date of application of this Regulation]. In the event that Member States decide not to apply any of the recommendations, they shall notify the Commission thereof and provide a justification for such a decision.
Amendment 820 #
Proposal for a regulation
Article 45 – paragraph 3 – point a
Article 45 – paragraph 3 – point a
(a) a statement, accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verifiedWhere there are reasons to doubt the accuracy of the beneficial ownership information or no beneficial owner is identified, legal entities and legal arrangements are required to provide additional information on a risk-sensitive basis, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation;
Amendment 822 #
Proposal for a regulation
Article 45 – paragraph 3 – point b
Article 45 – paragraph 3 – point b
(b) tWhe details on the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity equivalent to the information required under Article 44(1), point (a).re no person is identified as beneficial owner pursuant to paragraph (2) and (3), the central register shall include:
Amendment 824 #
Proposal for a regulation
Article 45 – paragraph 3 – point b a (new)
Article 45 – paragraph 3 – point b a (new)
(ba) a statement accompanied by a justification, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verified; such statement shall be recorded in the register;
Amendment 825 #
Proposal for a regulation
Article 45 – paragraph 3 – point b b (new)
Article 45 – paragraph 3 – point b b (new)
(bb) the details of the natural person(s) who hold the position of senior managing official(s) in the corporate or legal entity equivalent to the information required under Article 44(1), point (a), of this Regulation. Senior managers shall not be recorded in the register as a beneficial owner.
Amendment 833 #
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) own or acquire real estate in their territory.
Amendment 871 #
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. By way of derogation from Article 50(1), Member States may allow obliged entities referred to in Article 3, point (3)(a), (b) and (d) to transmit the information referred to in Article 50(1) to a self- regulatory body designated by the Member State or directly to the FIU.
Amendment 915 #
Proposal for a regulation
Article 58 – paragraph 3 – introductory part
Article 58 – paragraph 3 – introductory part
3. Companies shall be prohibited from issuing bearer shares, and shall convert all existing bearer shares into registered shares by [2 years after the date of application of this Regulation]. However, companies with securities listed on a regulated market or whose shares are issued as intermediated securities shall be permitted to maintain bearer shares.
Amendment 945 #
Proposal for a regulation
Article 63 – paragraph 1 – introductory part
Article 63 – paragraph 1 – introductory part
By [32 years from the date of application of this Regulation], the Commission shall present reports to the European Parliament and to the Council assessing the need and proportionality of: