Proposal to Strengthen the Registration of Ultimate Beneficial Owners
Published 13 March 2019
Category: Corporate Regulation
On 13 March 2019, the Danish Government presented a proposal for an amendment of various acts including the Danish Companies Act which implements part of the 5th EU Anti-Money Laundering Directive concerning the registration of ultimate beneficial owners.
Amongst key changes, the proposal makes it mandatory for capital owners and others with direct or indirect control to provide the company with information necessary to identity their ultimate beneficial owners and further makes it mandatory for companies to supply this information to persons and companies which are required to carry out KYC procedures.
Insufficient registrations or lack of documentation for the registrations (or lack of registrations) may be grounds for compulsory dissolution of the company. Further it is proposed to obligate for companies to make a yearly assessment of whether there are any changes of the ultimate beneficial owners, the results of which are to be presented on the meeting where the central management approves of the annual report.
Next Steps: The proposal is expected to be adopted by the Danish Parliament on 2 May 2019 and, if enacted, the changes will enter into force from 10 January 2020.
The proposal is available here.
Tags: Beneficial OwnershipComplianceDanish RegulationDisclosure RequirementsKYC / AML
Also tagged ‘Beneficial Ownership’
Danish Parliament Strengthens Registration Requirements of Ultimate Beneficial Owners
On 2 May 2019, the Danish Parliament adopted amendments to the Danish Companies Act, which implements part of the 5th EU Anti-Money Laundering Directive.
Beneficial OwnershipComplianceDanish RegulationDisclosure RequirementsKYC / AMLEU Court of Justice Issues Ruling in Danish Beneficial Ownership Cases
The CJEU judgments will likely have a big impact on international group structures and will also contribute to the interpretation of the anti-abuse principles of EU law and the "beneficial owner" concept.
Beneficial OwnershipDanish RegulationOther updates
Danish implementation of AIFMD II adopted
On 11 June 2025, the Danish Parliament adopted the bill (L 193B) for implementing the AIFM Directive II into Danish law.
AIFMDAIFMD reviewCross-BorderDanish RegulationRisk ManagementProposal on Danish implementation of AIFMD II
On 9 April 2025, the Danish Government presented a proposal for amendments in the Danish financial regulation, including the Danish Alternative Investment Fund Managers (“AIFM”) Act.
AIFMDAIFMD reviewCross-BorderDanish RegulationRisk ManagementMain recommendations from the report on advancing sustainable finance
The work performed by the Platform on Sustainable Finance has focused on developing technical criteria for new economic activities and reviewing activities included in the Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852.
SustainabilityThematic review of engagement information
The Danish Financial Supervisory Authority (the “DFSA”) has conducted a thematic review of six pension companies and investment managers and their engagement information (active ownership).
SFDRSustainabilityAn update on the stop-the-clock proposal and the ESRS simplification mandate
On 29 April 2025, a majority of the Danish Parliament agreed on the “stop-the-clock” directive which will go to a formal vote in the fall to adopt the proposal into Danish legislation.
CSDDDCSRDSustainabilityAIFMs: Marketing under increased regulatory focus
The Danish Financial Supervisory Authority (FSA) has published a thematic report on how managers of alternative investment funds and investment management companies market their investment funds.
KID / PRIIPSMarketingThe Danish FSA