What is Beneficial Ownership?
Beneficial ownership refers to the natural persons who ultimately own or control a company, even if the shares are held by another entity or nominee. In South Africa, the Companies and Intellectual Property Commission (CIPC) requires all companies to register and maintain accurate records of their beneficial owners.
This requirement is part of South Africa's commitment to international standards for transparency and combating financial crimes, implemented through the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022, effective from April 2023. Companies must identify and report individuals who:
- Own 5% or more of the company's shares
- Control 5% or more of the voting rights
- Have the right to appoint or remove a majority of directors
- Exercise significant influence or control over the company
Failure to comply with beneficial ownership requirements can result in penalties, fines, compliance notices, administrative penalties, and potential deregistration of the company. Companies incorporated before 24 May 2023 must submit beneficial ownership information as part of their Annual Returns, while companies incorporated on or after 24 May 2023 must submit within 10 business days of incorporation. That's why it's essential to work with professionals who understand the requirements and can ensure your company remains compliant.