On 14 August 2018, the Royal Decree of 30 July 2018 on the operating procedures of the UBO register has been published in the Belgian Official Gazette.
Directors of Belgian companies, (international) associations, foundations, trusts and similar entities such as civil partnerships are responsible for filing the relevant UBO data in the UBO register. They must do so within 1 month from the moment the information regarding the UBO is known or has changed.
Since the Royal Decree enters into force on 31 October 2018, directors have until 30 November 2018 to record the data for the first time in the UBO register.
The UBO data which must be provided depends on the type of entity. In respect of companies, the following UBO dataset must be provided:
- Last name
- First name
- Day of birth
- Month of birth
- Year of birth
- Country of residence,
- Complete address of residence;
- The date at which he/she became an UBO;
- The national registry number, crossroads bank for social security number, or similar identifier issued by the State in which he/she resides or of which he/she is a citizen;
- The relevant category of UBO;
- whether he/she is an indirect UBO:
- Whether he/she is an isolated UBO or jointly with other individuals;
- If an indirect UBO: the number of intermediaries and for each of them their complete identification, including at least the name, the date of incorporation, the legal name, the legal form, the address of the registered office, the crossroads bank for enterprises number and, where applicable, any other similar identifier issued by the State in which the intermediary is registered;
- The extent of the interest held (e.g., the weighted percentage of shares or voting rights held in the company).
The Belgian UBO register will, in respect of companies, be accessible to the competent authorities such as the tax authorities, the entities as such and each citizen, even without any legitimate interest. Citizen will have access to items 1, 4 to 7, 9, and 11 to 15, based on the name or the registered number of the entity. Access to the information in the UBO register on other entities such as foundations and (international) associations will be granted only if there is a legitimate interest.
The data recorded in the UBO register will be kept for a period of 10 years after the date the relevant entity lost its legal personality or definitively ceased its activities. In addition, the administration will keep any search conducted for a period of 10 years.