6 Amendments of Maria WALSH related to 2021/0239(COD)
Amendment 228 #
Proposal for a regulation
Recital 72
Recital 72
(72) There is a need to ensure a level playing field among the different types of legal forms and to avoid the misuse of trusts and legal arrangements, which are often layered in complex structures to further obscure beneficial ownership. Trustees of any express trust administered in a Member State should thus be responsible for obtaining and holding adequate, accurate and current beneficial ownership information regarding the trust, and for disclosing their status and providing this information to obliged entities carrying out costumer due diligence. Any other beneficial owner of the trust should assist the trustee in obtaining such information. Account should be taken of the specific legal concept of the trust in Common Law jurisdictions and the fact that the beneficial owner may not always be identifiable, particularly in the case of secret, half-secret, resulting, or purpose/charitable trusts or that the number of beneficial owners may be so extensive that maintaining a full and complete register may not be feasible.
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – introductory part
Article 2 – paragraph 1 – point 7 – introductory part
(7) ‘trust or company service provider’ means any person that, by way of its business, provides any of the following services to publicly identifiable third parties:
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘beneficial owner’ means any natural person who ultimately owns or controls a legal entity or express trust or similar legal arrangement, as well as any publicly identifiable natural person on whose behalf or for the benefit of whom a transaction or activity is being conducted;
Amendment 324 #
‘payment account’ means an account as defined in Article 4, point (12) of Directive (EU)2015/2366 and distinguished from payment instruments.
Amendment 777 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In case of legal entities other than corporate entities, the beneficial owner(s) as defined in Article 2(22) shall be the publicly identifiable natural person identified according to paragraph 1 of this Article, except where Article 43(2) applies.
Amendment 909 #
Proposal for a regulation
Chapter VII – title
Chapter VII – title
VII Measures to mitigate risks deriving from anonymous instrumentproducts/services