Bill on amendment to the Act no. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime

Status of discussion: Senate

The bill transposes the Directive of the European Parliament and of the Council (EU) no. 2015/849 (so called AML directive). Within the scope of this implementation into Czech law, the bill suggests establishing of obligatory register of actual owners of legal persons and trusts.

For these purposes, a natural person, who has factual or legal possibility to exercise decisive influence (directly or indirectly), will be considered to be an actual owner. Particular rules for each type of legal person will be set. Regarding companies a person disposing of more than 25% of voting rights or of a share in the registered capital or receiving at least 25% of the companyꞌs profit will be considered to be its actual owner.

Actual owners shall be registered in current public registers, however the register of actual owners itself shall be non-public. Name, address, date of birth or national identification number (in Czech: rodné číslo), citizenship and information proving the position of actual owner will be registered.

This information shall be preserved for the whole period during which the particular person is in the position of actual owner and after that at least for 10 following years. The register is suggested to be introduced on 1 January 2018.

At the same time, an amendment to the AML directive is being prepared within the European Union. This amendment should make the AML directive more restrictive. According to the actual bill the aforesaid criterion of 25% should be lowered to 10%.