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PROCEDURES FOR REGISTRATION OF BENEFICIARY OWNERS

PROCEDURES FOR REGISTRATION OF BENEFICIARY OWNERS

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

– The authorized person after being electronically identified in e-Albania must choose the type of registration he will do (initial registration and/or updating or changing the data for the beneficiary owners) and then the relevant application form will be displayed and completed.

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

– The documentation deposited in the Register must be drafted no later than 30 calendar days from the date of initial registration of the beneficial owner and translated into Albanian. Private acts and official documents of foreign jurisdictions must be legalized.

– The application and accompanying documentation is 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, reviews the application within two working days, according to the requirements of the Council of Ministers Legal Acts – DCM, after verification of which decides its approval or rejection, a decision which is published in the RPP and also notified via e-mail declared by each non-profit organization, in e -albania.

– The application will be reviewed by the National Registering Center no later than 2 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 should be recorded?

– The information to be recorded consists of (i) data on the reporting entity (NUIS; name), (ii) mandatory data on the beneficial owner (identification data; date of designation of the individual as beneficial owner; type and percentage of ownership). For beneficial owners who are Albanian citizens the required data are name, surname, identification number, date of birth, citizenship, 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 beneficial owner / s be identified?

You should keep in mind that the beneficial owner of non-profit organizations, which includes foundations, associations, centers, as well as branches of non-profit organizations, is:

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

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.

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

– The 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 whose 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 moved to Passive Status?

Every reporting entity, regardless of its status, has the obligation to register the beneficial owner.

Who can register as an NPO owner?

Beneficiary owner of non-profit organizations, including foundations, associations, centers, as
and branches of non-profit organizations, is:
*The founder or
*legal representative or
*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 most decision-making bodies and/or the executive bodies of the nonprofit organization

Time required to receive the service

3 working days

Period of validity

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

Cost

4800 ALL for: Freelancer, Employed professional, Administrator and Technical Manager
(Download the invoice)
Free for Electronic Signature 1 week.Law No. 92/2014 “On value added tax in the Republic of Albania”, as amended.

For more

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. Terms owner, direct / indirect ownership, quota etc. do not correspond to the legal nature of NPO. This creates a problem when filling out the application for these entities, which does not easily validated.

Referring to the different nature of an NPO from commercial entities and identification of their beneficial owner who by law is different; Application forms are designed in two types: for NGOs and 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 statute of the association itself?

Referring to DCM no. 1088/2020, the written statement of the representative is charged in case after exhaustion of all possible means of identifying the owner beneficiaries and if there is no reason for suspicion, the reporting entities fail to identify as beneficial owner the individual who owns or controls the latter a legal entity, through direct or indirect ownership of 25% or more of shares / quotas of capital or ownership interests in an entity rapporteur according to the provisions of the law “On the register of beneficiary owners”. So it is an act that does not define its position in the reporting entity, but the steps that
he undertakes to identify the beneficial owner as well as the reasons for identifying the person of registered as beneficial owner.