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It is registered

Ministry of Justice of Ukraine

September 14, 2023

No. 1616/40672

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 14, 2023 No. 3265/5

About approval of the Procedure for conducting verification of information provided by the legal entity in explanation and documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity

According to the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction", Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 2, 2014 No. 228, for the purpose of providing reliable information about final beneficial owners in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of PRIKAZYVAYU:

1. Approve the Procedure for conducting verification of information provided by the legal entity in the explanation and documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity which is applied.

2. Approve the enclosed Changes in some regulatory legal acts of the Ministry of Justice of Ukraine.

3. To department of private law (O.'s Ferens) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective since October 1, 2023, but not earlier than day of its official publication.

5. To impose control over the implementation of this order on the First Deputy Minister of Justice of Ukraine Gorovts E.

Minister

D. Malyuska

 

It is approved:

Chairman of the National commission on securities and stock market

 

R. Magomedov

Chairman of Public service of financial monitoring of Ukraine

I. Cherkassky

First Deputy Minister of digital transformation of Ukraine

O. Vyskub

Minister of Finance of Ukraine

S. Marchenko

Chairman of the National Bank of Ukraine

A. Magnificent

Approved by the Order of the Ministry of Justice of Ukraine of September 14, 2023, No. 3265/5

Procedure for conducting verification of information provided by the legal entity in explanation and documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity

1. This Procedure determines the procedure of conducting check by the state registrar of legal entities, physical persons entrepreneurs and public forming (further - the state registrar) information provided by the legal entity in explanation and documents for confirmation of information about the final beneficial owner (further - KBV) and/or structure of property of the legal entity (further - verification of information on KBV and/or structure of property).

2. Terms in this Procedure are used in the value given in the laws of Ukraine "About state registration of legal entities, physical persons - entrepreneurs and public forming", "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" and in other regulatory legal acts.

3. The state registrar begins verification of information on KBV and/or structure of property within 10 working days from the date of receipt of the relevant documents from the legal entity directed according to Procedure for provision by the legal entity of explanations and/or documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity, and also procedure for their consideration approved by the order of the Ministry of Justice of Ukraine of June 14, 2023 No. 2211/5, registered in the Ministry of Justice of Ukraine on June 14, 2023 at No. 990/40046.

The state registrar has the right to demand from physical persons and legal entities of provision of information (including explanations), KBV, necessary for establishment, provision of copies of documents, to require access to rooms of the legal entity, carrying out survey of things and documents on the location of the legal entity.

Verification of information on KBV and/or structure of property is performed within 10 working days after its beginning. In case of origin at the state registrar of need of receipt of the additional information the term of conducting check is prolonged for the period from the date of the direction by the state registrar of the relevant requirement and about day of receipt of required information by it.

4. During verification of information on KBV and/or structure of property the state registrar checks for availability/absence in data on KBV and/or structure of property provided by the legal entity, contradictions with the data sent by the Ministry of Justice of Ukraine according to the Notification procedure of the holder of the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming about identification of disagreements between received by the subject of primary financial monitoring as a result of implementation of proper check and placed in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming by the information about final beneficial owners and/or structure of property of the legal entity, the Ministry of Justice of Ukraine approved by the order of July 12, 2023 No. 2542/5, registered in the Ministry of Justice of Ukraine on July 12, 2023 at No. 1185/40241, the data which are available in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming (further - the Unified state register), and also received by it in the course of implementation of such check.

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