UBO registration at KVK for Dutch companies
registered in the Netherlands

The Amended Act on the Prevention of Money Laundering and Financing of Terrorism (Dutch AML Act) was entered into effect on 25 July 2018.

To find out the type of Dutch companies whose UBO registration is compulsory and those exempt from the UBO registration, follow this link https://www.kvk.nl/english/register-your-ubos-before-27-march/

 

Definition

Article 3 of the Governmental Decree (on the basic of Dutch AML Act) gives a definition of UBO. For a simplified version, UBO stands for “ultimate beneficial owner,”; a natural person who owns or controls a legal entity.

In the case of a BV or NV, it concerns individuals holding more than 25% of the shares or voting rights or individuals controlling the company.

 

Compulsory UBO registration

For a Dutch BV formed before September 27, 2020, the director or owner of the legal entity must identify the UBO(s) within the organization. A UBO declaration must be filed at the Dutch Chamber of Commerce (Kamer Van Koophandel “KVK”) by March 27, 2022.

Filing the UBO declaration late or with incorrect information is a crime, and directors may be held liable. The Bureau for Economic Enforcement (BEH) may impose a  fine of up to € 21,750.

Any changes in the organisation, such as shareholding, profit rights, or voting rights, must be reported to KVK within seven days for companies incorporated after September 27, 2020.

 

The Declaration is used in preventing fraud, terrorist financing, and money laundering.

 

Public information

Not all UBO information will be made public; only their first and last name, nationality, country of residence, month and year of birth, and the importance and scope of their interest in the organization will be shown at KVK.

 

Non-public information

There is also non-public UBO information. Dutch authorities may request the place of birth, birthday, residential address, BSN and TIN, copy of the identity document, and documents showing the importance and scope of this interest on a need basis such as to investigate money laundering or other suspected criminal offence.

 

Registration

Registration is done by filling UBO’s information at KVK https://www.kvk.nl/inschrijven-en-wijzigen/ubo-opgave/.


For foreigners operating their BV abroad, an authorized signatory needs to fill in UBO information and declare the UBO’s interest in the organization e.g., a shareholding, profit interest, or voting interest.  The declaration form must be accompanied by proof of interest, the most common evidence is a structure chart.


After completing the Declaration, the original signed Declaration form must be returned to KVK with the proof of interest by March 27, 2022.  Please take into account the time needed for sending the signed Declaration from your country back to the Netherlands. This will take at least a few working days if not sent by DHL.

On some occasions, a structure chart may not be sufficient, KVK may ask for more information to support the Declaration. It is important to go through the whole structure at each level and provide evidence as proof accordingly.


According to KVK, it takes at least one month for them to register the UBO information in the system.

If you haven’t declared your UBO, you must act quickly to ensure timely filing.

Contact us today if you need assistance filing the UBO.