Česky

Anticorruption barometer

Transparent and effective public investment — #118 Proof of the ownership structures

The ownership structure up to the ultimate beneficial owners is proven by electronic excerpts from relevant registers or securities accounts.

Justification and sources

Update history

date	reason	effectiveness	progression
10/2016 current	The Act on public procurement which entered into force foresees an identification of ultimate beneficial owners of the selected contractor which is a legal person and submission of evidence about the interest of the beneficial owner to such legal person. Nevertheless, it does not prescribe the way in which the indirect interests in the company, i.e. the corporate ownership structure, linking those beneficial owners to the contracting legal person, should be disclosed and also how they should be evidenced. This issue is neither resolved in the section on the register of beneficial owners contained in the amendment of the Act on anti-money laundering, or respectively, in the proposal of amendment of Act on public registers which is in the Lower Chamber of the Parliament.	Effectiveness 50%	Progression 90%	More
04/2016	The Act on public procurement which is the Upper Chamber of the Czech Parliament foresees an identification of ultimate beneficial owners of the selected contractor which is a legal person and submission of evidence about the interest of the beneficial owner to such legal person. Nevertheless, it does not prescribe the way in which the indirect interests in the company, i.e. the corporate ownership structure, linking those beneficial owners to the contracting legal person, should be disclosed and also how they should be evidenced. This issue is neither resolved in the section on the register of beneficial owners contained in the amendment of the Act on anti-money laundering, or respectively, in the proposal of amendment of Act on public registers which is in the Lower Chamber of the Parliament.	Effectiveness 50%	Progression 80%	More
03/2016	The Act on public procurement which is the Upper Chamber of the Czech Parliament foresees an identification of ultimate beneficial owners of the selected contractor which is a legal person and submission of evidence about the interest of the beneficial owner to such legal person. Nevertheless, it does not prescribe the way in which the indirect interests in the company, i.e. the corporate ownership structure, linking those beneficial owners to the contracting legal person, should be disclosed and also how they should be evidenced. This issue is neither resolved in the section on the register of beneficial owners contained in the amendment of the Act on anti-money laundering, or respectively, in the Act on public procurement which is in the Lower Chamber of the Parliament.	Effectiveness 50%	Progression 70%	More
10/2015	The proposal of Act on public procurement, which is in the Lower Chamber of the Parliament, nor the proposal of law amending the Act on public registers in conjunction with the proposal of law amending the Act against money laundering, which are in the Government, do not deal with the issue of proving of ownership structures of companies to the state. However, since the proposal of law amending the Act on public registers foresees the disclosure of ultimate beneficial owners, it will have to resolve the issue of proving of the related ownership structures; otherwise it will not be possible to prove that the declared ultimate beneficial owners are indeed their real ultimate beneficial owners.	Effectiveness 25%	Progression 60%	More
08/2015	The proposal amending the Act on public registers nor the proposal amending the Act against money laundering does nor deal with the question of evidencing of ownership structures up to the ultimate beneficial owner(s) to the state. Yet, the commitment made by the Government both in the Action plan and the Conception of fight against corruption covers the requirement of providing evidence of ownership structures up to the ultimate beneficial owner(s) of firms receiving public funds, however, it does not specify the way in which it would be implemented.	Effectiveness 0%	Progression 30%	More