Section 9: Register of beneficial owners

The information relating to beneficial owners referred to in the second paragraph of Article L. 561-46 is declared to the commercial court registry when the application for registration in the Trade and Companies Register is submitted by the registered company or entity via the single body referred to inArticle R. 123-1 of the Commercial Code. The registered company or entity requests an amending entry within thirty days of any fact…

The information relating to the beneficial owner declared at the time of the request is as follows: 1° In the case of the company or legal entity, its name or corporate name, its legal form, the address of its registered office and, where applicable, its unique identification number supplemented by the words RCS followed by the name of the town where the registry office where it is registered is located;…

Pursuant to the third paragraph of Article L. 561-46, the persons with access to all information relating to beneficial owners are as follows: 1° Judicial officers, for the purposes of carrying out their duties ; 2° Officers of the department referred to in Article L. 561-23 of this Code; 3° Customs officers who have been individually designated and specially authorised by the regional director or the director of the department…

Pursuant to the third paragraph of Article L. 561-46, as part of the implementation of the due diligence measures provided for in Articles L. 561-4-1 to L. 561-14-2, persons subject to the AML/CFT regime shall have access to all information relating to beneficial owners provided that they have drawn up a declaration signed by the legal representative of the subject person or by a duly authorised person within the subject…

Pursuant to the second paragraph of Article L. 561-45-2, the information shall be sent by the beneficial owner to the company or entity within thirty working days of the request.

For the application of the injunction procedure provided for in Article L. 561-48, the application by which the matter may be referred to the President of the Court shall contain, on pain of inadmissibility: 1° If the applicant is a natural person, his surname, first names, nationality, date and place of birth, profession and domicile; if the applicant is a legal entity, its form, name, registered office and the body…

If the President of the Court rejects the application referred to in Article R. 561-60, the applicant may lodge an appeal in accordance with Article 496 of the Code of Civil Procedure. The documents produced in support of the application are returned to the applicant.

Where the president of the court orders a company or legal entity to make or have made declarations or rectifications of information relating to the beneficial owner, he shall make an order setting the time limit for compliance and, where appropriate, the rate of the penalty payment. This order may not be appealed. The Registrar shall notify the order to the company or legal entity and, where applicable, to the…

I. – Where the injunction has been complied with within the time limit, the case is removed from the list. II. – If the injunction has not been complied with, the court clerk will draw up a report stating that the injunction has not been complied with. The President of the Court decides on the measures to be taken and, if necessary, settles the penalty payment. This decision is final…

The Registrar shall automatically mention in the register the discrepancy reported pursuant to Article L. 561-47-1 and specify the information relating to the beneficial owner to which the discrepancy relates. The entry shall be deleted automatically as soon as the registered company or entity has corrected the information or had it corrected.