THE PLG is a natural person, the owner of the SIA or a person who controls the SIA and is at least a natural person who, in the form of direct or indirect participation, owns more than 25 per cent of the capital shares/voting rights of the SIA or who controls it directly or indirectly.
About SIA PLG must specify:
- 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);
- the country of residence;
- way of exercising control over the SIA:
- through the status of the legal person (if THE PLG is a member):
- as a member;
- as a separate person controlling (if the true beneficiary is the indirect owner or indirectly controls the SIA):
- on the basis of a contract of authorisation;
- on the basis of ownership (for example, if THE PLG is the owner of a member of the SIA, a legal person);
- 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 (free text field with the option of entering an undefined type);
- information on the person through whom the control is carried out (indicate if any of the types referred to in Sub-paragraphs 6.2 or 6.3 in which control is carried out in the SIA is indicated):
- 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 legal address of the legal person (may also be a foreign legal person).
The application for registration must contain mandatory information about THE PLG. IT is always possible to find out in cases where more than 25% of the shares in the SIA belong directly or indirectly to at least one individual. The said natural person, unless acting on behalf of another natural person, shall be THE relevant SIA PLG. If there are several individuals in the SIA that correspond to the above description, they should all be considered AS members OF THE PLG. There may also be a situation where one individual directly or indirectly holds shares of less than 25%, but the percentage of other members is so small, as well as those participants do not actually attend meetings of members, that it is apparent that a natural person with the highest percentage is also controlled by the company. Similarly, control in the SIA is detected in cases where several participants are legal entities controlled by the same natural person.
It should be noted that it is not possible to provide an explanation of all situations, as each case is individual and the board of the SIA should know (to be clarified) whether any individual has real control in the SIA.
If the SIA has used all possible means of clarification and has concluded that it is not possible to identify any natural person, THE PLG, as well as doubts that the legal person has the true beneficiary, 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!