How to report absence of registration or any discrepancy in the information provided to the Register of trusts

Prior to establishing a business relationship with a trust or similar legal arrangement, the professionals concerned must:

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

AND, if this business relationship is subject to the provisions of Article 11 Of the Act no. 214 of 17 February 1936, amended, requiring registration in the Register of trusts:

• Obtain a copy of registration on the Register of trusts

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 trusts and that available to them.

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

Your request must be submitted using the dedicated form, duly completed and signed by the professional.

To get this form you can either:

• Download it here:
  PDF231.5 kB

  Formulaire Divergences Tusts
• Collected from the reception desk of the Trade and Industry Directory of the Business Development Agency, at the address at the bottom of the page

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 Directory 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 trusts 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 trustees, or persons occupying an equivalent position in a similar legal arrangement:

• The Business Development Agency shall enjoin the trustee or equivalent person to bring themselves into compliance according to the conditions set out in  Article 13-1-5 of Act No. 214 of 27 February 1936, amended. Failure to do so shall render the trustee or equivalent person liable to potential administrative fines of up to €10,000 initially and €200,000 subsequently, if they continue to fail to comply.