Have you furnished Ultimate Beneficial Owner details?

3/7/2021

Have you furnished Ultimate Beneficial Owner details?

Jebel Ali Free Zone Authority (JAFZA) has announced extension to furnish Ultimate Beneficial Owner (UBO) details up to 31st March 2021 for licensees registered with them.

Regulation applicability - Ultimate Beneficial Owner Procedures Regulation commonly known as UBO was introduced in the UAE vide Cabinet Decision No. 58 of 2020 to be effective from 27 August 2020.

Objective - Enacting these regulations, the UAE is seeking to take progressive steps in its commitment to comply with international good governance standards

Coverage and exclusion  - This regulation is applicable to all licenses (only legal person) situated in UAE except the following:

    • Licensees situated in DIFC and ADGM; or
    • Entities which are directly or indirectly wholly owned by Federal or Emirate government.

What is UBO  - UBOs are natural persons who ultimately own or control or have the right to vote with minimum 25% shareholding of the company, whether through direct or indirect ownership or who have the right to appoint or dismiss the majority of the Directors / Managers

    • If no natural person satisfies the condition above, then any natural person who exercises control over the company through other means shall be deemed as the UBO.
    • If no natural person satisfies both conditions above, then a natural person who is responsible for the senior management of the company will be deemed as the UBO.

Compliance deadline - As per the Regulation, the details of Ultimate Beneficial Owner (UBO) are supposed to be filed by all the licensees (Legal Person) within 60 days of the promulgation of the decision i.e. by October 27, 2020. However, most of the Licensing Authorities have issued their own deadlines to be adhered to comply with Beneficial Owner Procedure Regulations.

    • In this regard, recently, JAFZA has extended the deadline upto 31st March 2021 for licensees registered with them.

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Binit
Binit Shah
Partner, Information Technology