Home   FAQ  Corporate Service  China  Q&A Regarding Beneficial Owner Information Filing (1) 

FAQ

SHARE

Corporate Service - China

Question

Q&A Regarding Beneficial Owner Information Filing (1)

Answer
Q: Which entities need to file beneficial owner information?
A: Companies, partnerships, branches of foreign companies and other entities specified by the People's Bank of China and the State Administration for Market Regulation shall file beneficial owner information through relevant registration systems in accordance with relevant regulations.

Q: Which entities are exempt from filing beneficial owner information?
A: Individual businesses do not need to file beneficial owner information. If the registered capital (amount of capital contribution) of filling entity does not exceed RMB 10,000,000 yuan (or equivalent foreign currency), and the shareholders and partners are all natural persons, if there is no natural person other than the shareholders and partners to actually control or obtain benefits from it, and there is no situation of controlling or obtaining benefits from it by means other than equity or partnership interests, Exemption from filing beneficial owner information after commitment.

Q: How are the beneficial owners of companies and partnerships determined?
A: Natural persons who meet one of the following conditions are the beneficial owners of the filing entity (hereinafter referred to as "conditions"):
  1. Ultimately owning more than 25% of the equity, shares or partnership interests of the filing entity through direct or indirect means;
  2. Although it does not meet the first criterion, it ultimately enjoys more than 25% of the income and voting rights of the filing entity;
  3. Although it does not meet the first criterion, it independently or jointly exercises actual control over the filing entity.

Q: What does actual control refer to?
A: Actual control includes but is not limited to implementing control through agreements, close relationships, and other means, such as deciding on the appointment and removal of legal representatives, directors, supervisors, senior management personnel, or executive partners, deciding on the formulation or implementation of major business and management decisions, deciding on financial income and expenditure, and long-term actual use of important assets or major funds.

Q: How does the company determine the beneficial owners if there are no natural persons who meet the "conditions"?
A: If the company does not have a natural person who meets the "conditions", the person responsible for daily operation and management in the filing entity shall be regarded as the beneficial owner for filing.

Language

繁體中文

简体中文

日本語

close