Any participant of an LLC or shareholder of a JSC can act in this capacity, but on the condition that he owns 25% of the company's capital and has influence on the company's activities. According to Federal Law No. 115, ownership can be not only direct, but also indirect.
Let's look at an example.
OOO Vympel (founders: Ivanov – 70%, Petrov – 30%) is one of the founders of OOO Krab with a share of 60% of the authorized capital. How is the beneficial founder determined in OOO Krab:
Ivanov's share = 0.7 * 0.6 = 0.42 = 42% – he is the beneficial owner.
Petrov's share = 0.3 * 0.6 = 0.18 = 18% – he is not a beneficial owner.
The example shows that it armenia email list is quite easy to determine the beneficiary in the chain of owners. But this is in the case where there are only two companies. And if the chain consists of 15 or more organizations, then this is a more difficult task. If there are foreign companies in it, then the matter becomes almost insoluble.
Becoming a legal beneficiary rather than a beneficial owner is relatively easy. For example, it is enough to be listed as an heir in a will or to enter into an insurance contract.
Who cannot become a beneficial owner?
Any legal entity cannot be only a beneficial owner. This is explained by the fact that only an individual can act in this capacity - the ultimate beneficiary, who in fact owns a share of the authorized capital and the right to vote.
Thus, the company that buys the shares cannot be recognized as the beneficial owner, since it is not an individual. But the founder of this company, if he controls at least 25% of the capital, can already exert direct influence on the company's activities.
Beneficiary Rights
The options available to a beneficial owner of an organization without disclosing their identity include:
participation in the formation of the company's authorized capital;
definition of its scope of activity;
transfer of shares of an organization to other persons;
participation in meetings of shareholders;
assistance in the election of the company's top management.
Participation in the board of directors
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The rights of the beneficiary include:
disposing of one's share in the company at one's own discretion. For example, a beneficiary may partially or fully sell, gift or transfer one's share;
control over the performance of company management duties, appointment and dismissal of the general director on legal grounds;
participation in shareholder and constituent meetings, as well as decision-making in proportion to their share in the authorized capital;
receiving income from the company's activities in accordance with the approved amount of dividends.
In accordance with Russian legislation, the beneficiary has the right to go to court if it is necessary to protect his interests.