Reporting absence of registration or any discrepancy in the information provided to the Register of Beneficial Owners

Prior to establishing a business relationship with their client, the professionals concerned must:

• Identify the beneficial owner(s) in accordance with the legal provisions in force (Articles 13, 14, 15 and 15-1 of the Sovereign Ordinance No. 2.318 of 3 August 2009, amended)

AND, if this business relationship is a commercial company, an economic interest group that is registered in the Trade and Industry Registry, or a non-trading company that is registered in the special register held by the Trade and Industry Registry service:

• Obtain a copy of registration on the Register of Beneficial Owners

Based on this extract, the professionals concerned must report to the Business Development Agency any discrepancy that may arise between the information provided to the Register of Beneficial Owners and that available to them.

In the event that no registration is found, this must also be reported using the same specially designated form.

The declaration relating to the report must be formalised using the dedicated form and signed by the professional, who submits it to the Business Development Agency.

The form can be downloaded here:

You must include the following documents with your application for it to be considered admissible:

• A form, duly completed and signed (downloadable in step 1)
• Any necessary copies of documents related to the discrepancies identified

You can submit your application:

• By letter, to the Business Development Agency, at the address at the bottom of the page
• To the reception desk of the Trade and Industry Registry of the Business Development Agency, at the address at the bottom of the page
• By email at the following address: divergences.rbe@gouv.mc

In the event that the application is inadmissible, you will receive a letter or an email notifying of the reason(s) for this.
 

For persons and bodies referred to in Articles 1 and 2 of Act 1.362 of 3 August 2009, amended:

• Failure to report a missing registration or any discrepancies noted between the information listed in the Register of Beneficial Owners  companies and economic interest groups  and the information they hold is punishable by six months in prison and double the fine set out in category 4 of Article 26 of the Criminal Code

For legal persons and entities where a discrepancy has been identified:

• The Business Development Agency shall enjoin the person or entity to bring itself into compliance according to the conditions set out in Article 22-2-1 of the Act no. 1.362 of 03 August 2019 amended. Failure to do so shall render the person or entity liable to potential administrative fines of up to EUR 5,000, depending on the severity or repeated nature of the breach(es)