Registration of Branch of a Merchant of a Member State in the Commercial Register
4. True Beneficiary (PLG)
PLG is a natural person, owner of a subsidiary parent company or person who controls the parent company and is at least a natural person who, by way of direct or indirect participation, holds more than 25 per cent of the capital/voting rights of the parent company or who controls it directly or indirectly.
The following shall be indicated for the branch PLG:
- name;
- surname;
- the personal identity number (if any - date of birth, month, year, number and date of issue of the identity document, country and authority which issued the document);
- nationality;
- the country of residence;
- way of exercising control over the branch:
- as a separate person controlling (if the true beneficiary is an indirect owner or indirectly controls a foreign merchant):
- on the basis of a contract of authorisation;
- on the basis of ownership (e.g. if THE PLG is the owner of a foreign merchant);
- through the legal arrangement as a founder;
- through the legal arrangement as a principal;
- through the legal arrangement as a manager;
- on the basis of the transaction relationship;
- another type of control (a free text field with the option of entering an undefined type);
- as a separate person controlling (if the true beneficiary is an indirect owner or indirectly controls a foreign merchant):
- information on the person through whom the control is carried out:
- the name, surname, personal identity number of the natural person (if the person does not have a personal identity number - date of birth, month and year);
- the name, registration number and registered office of the legal person.
The application for registration must contain mandatory information about THE PLG.
If the branch has used all possible means of clarification and has concluded that it is not possible to identify any natural person in the parent company — PLG, as well as doubts that the parent company - a foreign merchant has A PLG, it shall be confirmed in the application, stating the reasons.
The Enterprise Register shall have the right to request a documentary justification for the control carried out BY THE PLG, as well as a document confirming the relevance of THE information identified BY THE PLG (a notarised copy of the identity document, a statement from the foreign population register or other documents comparable to those documents), and a document supporting a statement that THE PLG cannot be ascertained!