Beneficial Owner
A beneficial owner is the person who ultimately owns and controls the assets of a company or other legal entity, even if they do not formally own the assets in their own name. In other words, the beneficial owner is the person who benefits from the assets of the company or entity.
Here are some examples of beneficial ownership:
- If you own a company with your spouse, you are jointly beneficial owners of the company.
- If you have a trust, the trustee is the legal owner of the assets in the trust, but you are the beneficial owner of the assets.
- If you hold stocks in a brokerage account, you are the beneficial owner of the stocks.
The beneficial owner has the following rights:
- To receive the assets of the company or entity.
- To vote on the assets of the company or entity.
- To receive dividends and other distributions from the company or entity.
- To control the company or entity.
The beneficial owner has the following responsibilities:
- To file taxes on the assets of the company or entity.
- To maintain the assets of the company or entity.
- To act in the best interests of the company or entity.
FAQs
What is meant by a beneficial owner?
A beneficial owner is the person who ultimately owns, controls, or benefits from an asset, even if the asset is in someone else’s name. This person enjoys the benefits of ownership, such as income or voting rights, without necessarily being the legal owner on official documents.
Who is considered a beneficial owner?
A beneficial owner is typically an individual who directly or indirectly owns or controls a certain percentage of shares or voting rights in a company or asset. Regulatory bodies often define this as owning or controlling more than 25% of a company’s shares or voting rights.
What is an example of a beneficial owner?
An example of a beneficial owner could be a person who owns shares in a company through a trust. While the shares might be registered in the name of the trust or a trustee, the person who benefits from the trustโs income and has the power to direct how the shares are used is the beneficial owner.
What is the difference between an owner and a beneficial owner?
A legal owner is the individual or entity whose name is recorded as the owner of an asset in legal documents. A beneficial owner, however, is the person who actually benefits from or controls the asset, even if it is not registered in their name. The beneficial owner has the ultimate right to enjoy the financial benefits of the asset.
Who is a beneficial owner in KYC (Know Your Customer)?
In KYC procedures, a beneficial owner is the person or entity that ultimately owns or controls a client or the person on whose behalf a transaction is conducted. Financial institutions use KYC processes to identify beneficial owners to prevent money laundering, terrorism financing, and other financial crimes.
