UBO Registry
ECJ declares the requirement of disclosing to the general public the UBO’s of corporate and other structures as infringing the Fundamental Rights of the European Union.
In the landmark decision of Joined Cases of WM (C-37/20) and Sovim SA (C-601/20) the European Court of Justice proceeded to the declaration of the provision of the anti-money-laundering directive (Directive 2018/843) whereby Member States must ensure that the information on the beneficial ownership of corporate and other legal entities incorporated within their territory is accessible in all cases to any member of the general public as invalid.
More specifically, the Court considered that the component of the general public’s access to information on beneficial ownership constitutes a serious interference with the Charter of Fundamental Rights of the European Union and in particular the fundamental rights to respect for private life and to the protection of personal data (Articles 7 and 8 of the Charter).
The fact that personal data, financial information and other material information on a beneficial owner becomes readily accessible to the public upon publication on such register, without any control as to the purpose and use of such material and potential abuse thereof, is considered contrary of the European Charter.
Although the Court recognizes the underlying objective to combat money-laundering and terrorist financing by increasing transparency, a widely accessible UBO registry providing information on UBO’s without any definition or limitation, exceeds the proportionality of what is strictly necessary to achieve such objective. The same considerations apply to UBO registries that require previous online registration.
In light of this landmark decision of the ECJ, the public access to information on UBO Registers has now been suspended. Nevertheless, Member States are required under EU anti-money laundering regulations to maintain such Registers. The Greek Ministry of Finance has suspended the public accessibility to the UBO Registry.
Pending case before the Greek Council of State
It is of particular interest that in 2019 a petition was filed before the Greek Courts arguing that the provisions on the UBO registry contravene the personal data protection legislation and infringe the Fundamental Freedoms of the European Union. At that time, the joint cases C-37/20 and C-601/20 were pending before the ECJ and the Greek Council of State postponed the issuance of a decision after the matter was resolved at ECJ level. The hearing has now been set for 28th March 2023. It is to be expected that the Greek Courts will align with the ECJ.
Other important news
Recent legislative developments include the following:
- The Updated Joint-Agreement of the Greek shipping community and the Greek State has entered into force. Dividends imported to Greece deriving from shipping activities are subject to a 5% tax, exhausting the tax liability of the Greek tax resident individuals.
- No capital gains tax is imposed upon the contribution of securities (domestic or foreign) by an individual to a company (domestic or foreign) in exchange of shares as part of a share capital increase, provided that said individual is the sole shareholder in the recipient company.
- The adjustment for professional leases for the year 2023 is limited to 3%.
- Capital gains arising upon the sale of real estate property by individuals shall remain tax exempt until 31st December 2024.
Magdalini Patiti & Partners Law Firm
8, Patriarchou Ioakeim Str., 106 74 Athens, Greece [email protected]
+30 213 033 9089, +30 213 033 9091 www.mpatiti.com