Beneficial owner (patiesā labuma guvējs)
In Latvian: Patiesā labuma guvējs
A beneficial owner (patiesā labuma guvējs) is the natural person who owns or controls a legal entity, for example by holding more than 25 percent of its shares or voting stock directly or indirectly. Legal entities registered in Latvia must report their beneficial owners to the Enterprise Register.
The definition is in the Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing. A beneficial owner is always a human being, never another company: if an SIA is owned by another company, you follow the chain to the person who controls it at the end.
An entity registered in the Enterprise Register files its beneficial owner, or any change, within 14 days of learning of it. When the management board asks, a member must tell the company within two weeks who the beneficial owner is if control is exercised through that member.
A beneficial owner is not the same as a member. A member is entered in the register of members; a beneficial owner may control the company through another company or through someone else.
Example
SIA "Bērzs" owns 60% of SIA "Ozols", and Līga owns all of SIA "Bērzs". Līga indirectly controls 60% of SIA "Ozols", so she is its beneficial owner, and the company reports this to the Enterprise Register.
How Fakts handles it
The Fakts mirror of the Enterprise Register, refreshed every night from data.gov.lv, also holds beneficial owner records.
Legal basis
- Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing, Section 1, Paragraph one, Clause 5 likumi.lv
- Law on the Prevention of Money Laundering and Terrorism and Proliferation Financing, Section 18.2 likumi.lv
- Commercial Law, Section 136.1 likumi.lv
This explanation is for information and does not replace tax or legal advice. The law in its current consolidated text prevails.