PROCEDURES FOR REGISTRATION OF BENEFICIARY OWNERS

How is the beneficiary owner of the NPO registered in the Register of Beneficiary Owners (RPP)?

The application for the registration of the beneficiary owner is done electronically in e-Albania.

The person authorized to represent the entity seeking to make an application for initial registration and/or for updating or changing data on beneficiary owners, through the National Registration Center (in Albanian ‘QKB’) electronic counter, must be identified electronically through authentication from the unique service portal “registration of the beneficiary owner” on the e-Albania portal. Once authenticated, the person authorized to represent the entity/NPO accesses the electronic counter and selects the type of registration required to be performed. After selecting the registration type, the computerized system displays the corresponding application form and opens the electronic file, which holds the corresponding number (a number for each file or application) given by the computerized system (case number).

After displaying the form and opening the electronic file, the person authorized to represent the subject fills in the form electronically, in all its sections, according to the type of registration that is requested to be performed. The authorized person, to represent the subject/NPO, uploads in the open file the accompanying documents, which prove the data that is registered, created or converted in electronic format. For each document uploaded to the electronic file, the computerized system sets a secure electronic identification code that links the document to the person’s authentication data.

After the person authorized to represent the entity/NPO verifies that the data filled in the form and the accompanying documents, uploaded in the electronic file, are correct, he/she confirms them by electronic means that guarantee the authenticity of the origin and the integrity of the content of the documents in the form electronically, at least, through the advanced electronic signature of the application form. After the electronic confirmation of the application, the computerized system gives the automatic confirmation of the completion of the application from the electronic counter, which contains the number automatically given by the computerized system (case number), which enables the applicant to follow the status of the process at any time of registration.

– In the application, the necessary accompanying documentation must be attached, such as: the identification document of the individual registered as the beneficiary owner and the NPO extract of the entity/NPO; the extract of the legal entity that is owned by the registered individual and is found to be the founder in the subject/NPO, the statute/internal acts of the non-profit organization; contract or any other document proving that the registered individual is the beneficiary owner of the entity/NPO.

– The documentation that is uploaded in the relevant registry must bear a date not earlier than than 30 calendar days from the date the beneficiary owner is nominated officially and duly registered as such with the NPOs Registry and translated into Albanian. Private legal acts and official documents of foreign jurisdictions must be legalized.

– The application and accompanying documentation are confirmed to be accurate by electronic means that guarantee the authenticity of the origin and the inviolability of the content of the documents in electronic form, at least through the advanced electronic signature of the application form. National Registering Center (in Albanian ‘QKB’) reviews the application within 2 (two) working days, according to the requirements of the relevant decision of the Council of Ministers (‘DCM’), after verification of which this registry decides the approval or rejection of the application, a decision which is published in the Beneficiary Owners Registry (in Albanian ‘RPP’) and also notified via e-mail declared by each non-profit organization, in e-Albania.

– The application will be reviewed by the National Registration Center (QKB) no later than 2 (two) working days from the receipt of the application by the reporting entities. The decision to approve or reject the application will be notified through publication in the Register and will be sent to the authorized person via email.

What information must be recorded?

– The information to be recorded consists of (i) data on the reporting entity (NUIS; name), (ii) mandatory data on the beneficiary owner (identification data; date of designation of the individual as beneficiary owner; type and percentage of ownership). For beneficiary owners who are Albanian citizens, the required data are: name, surname, identification number, date of birth, citizenship, and address of permanent residence. In addition to the above information, foreign nationals must also declare their passport number, date of issue and date of passport expiration.

How should the beneficiary owner(s) be identified?

You should consider that the beneficiary owner of the non-profit organization(s), including foundations, associations, centers, and branches of non-profit organizations, is:

the founder, or
the legal representative, or
the individual who exercises the ultimate effective control over the administration and control of non-profit organization(s).

The last effective control is the relationship in which a person:

determines the decisions taken by the non-profit organization;
controls in any way the election, appointment and removal of most of the decision-making bodies and / or executive bodies of the non-profit organization.

Meanwhile, by control is meant, control or ownership in a legal person, trust or other legal arrangement. In the event that the control is exercised through a trust, you must identify and register as a beneficiary owner:

the founder/creator;
supervisor/trustee;
counsel, if any, and
beneficiaries or when the persons benefiting from the legal agreement or entity have not yet been identified, the class of persons for whom main interest the legal agreement or entity is established or operates;
or any other individual exercising ultimate control over the trust through direct or indirect ownership or other means.

Does the law apply to non-profit organizations that have passed into passive status?

Every reporting entity, including NPOs, regardless of its status, has the obligation to register the beneficiary owner.

Who can register as an NPO beneficiary owner?

Beneficiary owner of non-profit organizations, including foundations, associations, centers, as and branches of non-profit organizations, can be registered:

the founder, or
the legal representative, or
the individual who exercises the ultimate effective control over the administration and control of organizations non-profit.

The last effective control is the relationship in which a person:

– determines the decisions taken by the non-profit organization;

– controls in any way the election, appointment and removal of the most decision-making bodies and/or the executive bodies of the nonprofit organization.

Time required to receive the service?

The necessary time of receiving the service from E-Albania for the status of the application is 3 (three) working days.

Validity period of electronic signature

1-year for profiles: Freelancer, Employee Professional, Administrator and Technical Manager.

1-week for Electronic Signature.

Costs

4800 ALL for: Freelancer, Employed professional, Administrator and Technical Manager (Download the invoice)
Free for Electronic Signature Law no.92/2014 “On value added tax in the Republic of Albania”, as amended.

For any questions or ambiguities regarding the use of the service you can contact helpdesk@ealbania.al or visit https://akshi.gov.al/nenshkrimi-elektronik-per-subjektet-private/

The application form is the same for all reporting entities. Owner terms, direct/indirect ownership, quotas, etc., do not correspond to the legal nature of the NPO. This creates a problem when completing the application for these entities, which is not easily validated.

Note that because of the different nature of the NPOs from the commercial entities and identification of their beneficiary owner who by law is different, application forms are designed in two types: for NPOs and for commercial entities.

What does the written statement of the founder of the NPO or the president mean, when his position is well defined in the by-laws of the NPO?

Referring to DCM no.1088/2020, the written statement of the representative is required in the case that after all possible means to identify the beneficiary owner are exhausted, if there are reasons for suspicion, and if the reporting entity/NPO fails to identify as beneficiary owner the individual who owns or controls the legal entity, through direct or indirect ownership of 25% or more of shares/quotas of capital or ownership interests in the entity in compliance to the provisions of the law “On the register of beneficiary owners”. Therefore, it is an act that does not define its position in the entity, but it is a step to identify the beneficiary owner, as well as the reasons to identify the person registered as the beneficiary owner.