S.L. 386.19 · Companies Act (S.L. 386.19)
S.L. 386.19 Art. 7FExceptions to accessofbeneficial ownership and appeal.
(1) Access to information on a beneficial owner of a company in accordance with regulation 7(1)(b) and (c) shall not be granted where, in exceptional circumstances to be determined on a case by case basis, this is justified by means of a detailed evaluation of the exceptional nature of the circumstance, as well as confirmation that those disproportionate risks exist and such access would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable. (REGISTER OF BENEFICIAL OWNERS)
(2) Any natural or legal person or beneficial owner who feels aggrieved by the decision of the Registrar may file an appeal before the
Administrative Review Tribunal within twenty (20) days from service of such decision in accordance with the Administrative Justice Act.
(3) Any party aggrieved by a decision of the Administrative
Review Tribunal may appeal before the Court of Appeal (Inferior
Jurisdiction) within twenty (20) days from the date of such decision in accordance with the Administrative Justice Act.
(4) The Registrar shall publish annual statistical data on the number of exemptions granted and the reasons given and report the data to the European Commission.
(5) Exemptions granted pursuant to this regulation shall not apply to the following obliged entities that are public officials:
(a) notaries,
(b) lawyers, and
(c) other independent legal professionals, where they participate, whether by acting on behalf of and for their client in any financial or real estate transaction, or by assisting in the planning or carrying out of transactions for their client concerning:
(i) buying and selling of real property or business entities;
(ii) managing of client money, securities or other assets, including crypto-assets;
(iii) opening or management of bank, savings, securities or crypto-assets accounts;
(iv) the organisation of contributions necessary for the creation, operation or management of companies; or
(v) the creation, setting up, operation or management of trusts, companies, foundations, or similar structures.
Änderungsgeschichte
- Amended by L.N. 184 of 2026