The Department of the Registrar of Companies and Intellectual Property (TEEDI), informs that on 06/12/2024, the Prevention and Combating of Money Laundering (Amendment) (No. 2) Law of 2024 was published with number L.141(I)/2024.
The main changes are the following:
- Fines now apply to Entities only: The financial charges will only be imposed on the company or other legal entity. No financial charges will be imposed on any director and secretary. A director or managing director of a company, which refuses or omits or neglects to fulfil the obligations to submit information on the beneficial owners, is however jointly and/or severally liable with the company for the repayment of the financial burden imposed on the company.
- Updated (reduced) fines : Fines will now be €100 on the first day of non-compliance and an additional €50 for each consecutive day, up to a maximum of €5,000 per company or other legal entity.
- Other new provisions:
- Addition of a provision, which gives the Registrar of Companies the authority to issue a Directive (Directive) for the institutionalization of the administrative review procedure and/or the submission and examination of an objection against a decision to impose a financial burden.
- Addition of a provision, which gives the Registrar of Companies the power to delete from the register of business entities a company or other legal entity that refuses or fails or neglects to fulfil its obligations to update the information on the beneficial owners, by analogy with the procedure for deleting a company, pursuant to article 327 of the Companies Law or subsection (5) of article 57 of the Joint and Several Partnerships and Trade Names Law.
- Addition of a provision, which gives the Registrar of Companies the power to apply to the Court for the issuance of an injunction ordering the compliance of any person with the obligations arising from article 61A of Law 188(I)/2007 and the Directives issued thereunder.
Extension and Withdrawal of Financial Charges
The House of Representatives, decided to grant an additional extension of the prescribed time for submitting information on beneficial owners for all cases of Companies and Other Legal Entities, until 31 January 2025. To implement the above decision, the Registrar of Companies issued on 16/12/2024 the amending Directive KDP423/2024. At the same the data confirmation procedure for the UBO registry for the year 2024 was extended to 31 March 2025.
It is emphasized that from February 1, 2025, non-compliance with the submission of beneficial owner information will result in the imposition of administrative and other sanctions, in accordance with the provisions of Law 188(I)/2007 on the Prevention and Combating of Money Laundering, as amended and voted by the House of Representatives and put into effect on 16/12/2024, and of the Criminal Code 112/21, as amended and in force.
Following the above arrangements, TEEDI is proceeding with the withdrawal of the financial charges imposed from 01/04/2024 and the refund of the relevant amounts paid.
We are available for any additional inquiries or clarifications you may require.