He 3 September 2019 deadline ends
He 4 September 2018 was published in the State official newsletter (BOE) the Royal Decree-law 11/2018 from 31 of August, by which the Sole Additional Provision of the Law is modified 10/2010, from 28 of April, prevention of money laundering and financing of terrorism. They expand, in this way, both the registration obligations in the Commercial register of certain subjects - professionals such as lawyers and business consultants- such as the formal information obligations of certain natural and legal persons.
Which professionals does this mandatory registration affect?
As detailed in the BOE, Mandatory registration in the Mercantile Registry affects all professionals who provide all or any of the following services:
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- Incorporate companies or other legal persons.
- Exercising management functions, of secretaries not directors of the board of directors, fromexternal consulting of a company, partner of an association or similar functions in relation to other legal persons, or arrange for another person to exercise said functions.
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- Provide a registered office or business address, postal, administrative and other services related to a company, an association or any other legal instrument or person. Act as trustee in a trust (trust) the similar legal instrument, or arrange for another person to exercise said functions.
- Exercising shareholder functions on behalf of another person. Except for companies that are listed on a regulated market of the European Union and that are subject to information requirements in accordance with Union law or equivalent international standards that guarantee the adequate transparency of information on ownership, or order another person to exercise said functions.
When and where to enroll?
Professionals whose functions have been previously outlined, must register and present a specific model in the Mercantile Registry before the 4 September 2019. The AEAT sanctions for non-compliance are set up to 60.000 €.
Regarding the registration form:
- Individuals, entrepreneurs and legal entities must register in the Mercantile Registry where the obliged subject is domiciled, in accordance with the provisions of the Mercantile Registry Regulations.
- For professional natural persons, Registration must be done exclusively electronically through a pre-established form approved by order of the Ministry of Justice.
The controversial registration form
With a few days of margin for the end of the registration period, and given the mandatory nature of registration in telematic format for professional natural persons, the surprise has been that said form approved by order of the Minister of Justice is not yet available.
The Mercantile Registry of Alicante has prepared a form, that can be completed and sent to the corresponding Commercial Registry. We attach it in case it was useful to you. If you need more information do not hesitate to contact Contact with us.