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A person can be a beneficiary in the following cases

Posted: Sat Feb 01, 2025 9:16 am
by maksudasm
If the size of his share in the company's capital is 25% or more. The beneficiary may be a direct owner of the organization, or may be an owner through other firms.

For example, Solnyshko LLC is owned by three people: 20% of the authorized capital belongs to Ivanov, 20% to Petrov, and the remaining 60% to Oblachko LLC. At the same time, the only founder of this company is Petrov. That is, in fact, he owns 80% of Solnyshko LLC: 20% directly and 60% through a third-party company. For this reason, Petrov is the beneficiary of this limited liability company.

If he exercises actual control over the organization. Since the director makes strategic decisions on behalf of the company, he may be a beneficiary. It should be borne in mind that the ultimate beneficiary is a person who does not necessarily have to be legally connected with the company. It is important that he actually manages the organization, i.e. makes key decisions, concludes contracts, carries out transactions, invests, etc.

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Determining the size of the share armenia email list in the authorized capital is not that difficult. But how can you check whether a person really manages the company? Rosfinmonitoring's information letter No. 57 of 04.12.2018 provides several examples of when a person is considered a beneficiary:

if a person exercises regular control over the activities of an organization from the position of a senior manager, holding the position of managing director and financial director;

if a person makes strategic decisions that affect business development;

if a person invests in an organization and manages it through this investment;

if a person exercises control over a business through close or family relationships with the management of the firm;

in close contact with the company's management, which enables control over the company's work.

The number of beneficial owners may vary. For example, several people control the company, or the authorized capital is distributed between several owners by 25% or more. In accordance with subparagraph 2 of paragraph 1 of Article 7 of Federal Law No. 115, if it is not possible to determine the beneficiary, the head of the organization may be recognized as such.

The beneficiary of a client who is an individual is himself. With one exception. In accordance with paragraph 13 of Article 3 of Federal Law No. 115, the beneficiary of an individual may be another person under certain circumstances.

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