Compliance PracticeEuropeRegulation & Policy

EU Weighs Action Over Beneficial Ownership Register Access

The European Commission may open infringement cases against member states that have not completed rules allowing journalists and civil society organisations to access national beneficial ownership registers.

National governments had until 10 July to transpose provisions from the EU’s 2024 anti-money laundering framework, Public reporting indicates that . The access regime is intended to restore a lawful route for public-interest scrutiny after earlier court decisions restricted open access.

Implementation gaps weaken transparency

Beneficial ownership registers help investigators, regulated firms and public-interest researchers identify the natural persons behind companies and legal arrangements. Delays or inconsistent national rules can create blind spots across the single market.

Compliance teams should not assume that a registry entry is complete or current. Customer due diligence should compare registry information with corporate records, ownership declarations and independent sources, escalating unexplained discrepancies.

The Commission’s warning shows that transposition deadlines are becoming an enforcement issue. Firms operating across several EU states should track national access arrangements and document alternative verification measures where registry information remains limited.

Access rules changed after a major court decision

The EU previously required broad public access to ownership registers, but a 2022 judgment by the Court of Justice restricted indiscriminate access on privacy grounds. The newer framework seeks to provide access to journalists and civil society actors that can demonstrate a legitimate interest.

National implementation must therefore define eligibility, application procedures, safeguards and appeal rights. Inconsistent approaches could create a patchwork in which the same ownership structure is visible in one state but difficult to examine in another. Regulated firms should maintain their own evidence rather than relying exclusively on public accessibility.

Practical due-diligence approach

  • Record the date and jurisdiction of every registry search.
  • Obtain an ownership declaration directly from the customer.
  • Compare shareholders with control rights and financing arrangements.
  • Investigate discrepancies instead of accepting the most convenient source.

Next focus: The Commission’s response will indicate whether delayed states receive formal notices and fixed remediation deadlines. Cross-border firms should track each jurisdiction separately because access procedures may become operational at different times.

Adminrichie

AML Observatory Webmaster, responsible for the website's operations.

Related Articles

Leave a Reply

Back to top button