Based on the Slovene Prevention of Money Laundering and Terrorist Financing Act, as published on 20 October 2016, and the Rules on the establishment, maintenance and management of the register of beneficial owners, as published on 24 November 2017, there is a reporting obligation for all legal entities to enter data on beneficial owners in the register of beneficial owners no later than eight days after the incorporation or set-up, or any subsequent change.
The register of beneficial owners is a centralised database, which obtains and holds accurate and up-to-date information on beneficial owners. All legal entities, which are entered into the company register (PRS – Poslovni register Slovenije) or tax register, including foreign trusts, foreign foundations and trust-like arrangements administered in Slovenia, are obliged to enter data on beneficial owners in the “RDL database”, which is run by the Agency of the Republic of Slovenia for Public Legal Records and Related Services (AJPES). In June 2019 the Agency issued an official friendly reminder to all non-registered entities to fulfil their obligation. The main national body enforcing the implementation of Directive (EU) 2015/849 is the Office for Money Laundering Prevention at the Ministry of Finance.
The following information must be reported for every beneficial owner in the online register at AJPES:
Most of the information is automatically filled out for a person with a tax number in Slovenia. For foreigners, the information must be entered manually, including name, passport number and country of issue, place of birth, country of residence and tax number in the country of residence.
The initial registration in Slovenia was due no later than 19 January 2018. Newlyestablished companies are obliged to register their ultimate beneficial owners within eight days of their incorporation. Moreover, if changes occur in registered data, entities are obliged to amend their registration accordingly within eight days of the first notice. The documentation and information required for these obligations must be stored for five years.
If no beneficial owner can be identified according to the above-mentioned parameters, the top-level management of the company shall be deemed the beneficial owner.
Persons not required to report information:
Information including name, permanent and/or temporary residence, shareholding and/or supervision power of the beneficial owners, as well as the entry and exit date of the beneficial owner is publicly available, free-of-charge, on the website of the Agency AJPES.
Only persons and organisations with a justified interest regarding the possibility of money laundering or financing terrorism have the right to access dates of birth and citizenship upon request.
In the event of non-compliance with the registration obligation, the Slovene tax authorities may impose administrative penalties ranging from EUR 6,000 up to EUR 60,000. The penalty can be imposed in the case of non-compliance or wrong data compliance, the failed reporting of subsequent changes regarding the beneficial owners as well as failed reporting within eight days.
An additional penalty of EUR 400 up to EUR 2,000 can be levied on the entity representatives (e.g. the managing director).
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