B 233
L.N. 24 of 2020
CIVIL CODE 
(Cap. 16)
Civil Code (Second Schedule)
(Register Of Beneficial Owners  – Associations) Regulations, 2020
IN EXERCISE of the powers conf erred by article 24(1)(k) of the
Second Schedule to the Civil Code, the Minister responsible for  justice
has made the following regulations:-
Citation. 1. (1) The title of these regulations is the Civil Code
(Second Schedule) (Register of Be neficial Owners - Associations )
Regulations, 2020.
Scope. (2) The purpose of these regulations is to transpose the relevan t
provisions of Directive (EU) 2018/843 of the European Parliamen t and
of the Council of 30 May 2018 am ending Directive (EU) 2015/849 on
the prevention of the use of the financial system for the purpo ses of
money laundering or terrorist financing, and amending Directive s
2009/138/EC and 2013/36/EU and this in relation to information about
the beneficial owners of associations established and, or registered
under the laws of Malta, and these regulations shall be interpr eted and
applied accordingly.
Applicability. 
S.L. 16.16.(3) These regulations shall be wi thout prejudice to the validity
or effectiveness of anything done in terms of the Civil Code (S econd
Schedule) (Register of Beneficia l Owners - Associations) Regula tions,
and, to the extent necessary, su ch provisions shall continue to  apply
until these regulations shall come into force.
Interpretation. 2. (1) In these regulations, unless the context otherwise
requires:
"administrator" means the pe rson, under whatever designation he
may operate, who is designated as such in the statute of the
association, and who agrees in writing to so act, and when ther e are
changes in such office, shall refer to:
(a) in the case of registered  associations, those persons
who are designated as such in t he relevant notice submitted to
the Registrar for Legal Persons o r any other relevant registrar ,
commissioner, board or authority in terms of any special law, and
who agree in writing to so act;
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(b) in the case of associations  which are not registered,
those persons who are designated as such in the resolution
appointing the same, and who agr ee in writing to so act; and
(c) where the administrator is a legal organisation, the
persons appointed to act as direct ors of such legal organisation,
or the equivalent, if designated under any other name, and whoagree in writing to so act,
and this, for as long as they c ontinue to occupy such office an d
whether resident in Malta or otherwise and for the avoidance of doubt,
in the event that an association has appointed a liquidator in the
process of its winding up, such l iquidator shall have the same duties of
administrators under these regulations:
Provided that a reference to an administrator of an
association with respect to carrying out any act or signing a document,
shall be deemed to include any person who is engaged or to whom
such function has been delegated in writing by the association,  t h e
legal organisation or the relevan t administrator or director wh o shall be
deemed to have the authority to de legate such powers in virtue hereof;
"association" is an organisati on, other than those referred to in
sub-regulation (3) of regulation 3, with defined aims or purpos es to be
achieved through the dedication of efforts and resources by thefounding associates and others who may join voluntarily, the
patrimony, namely assets and liabilities, if any, of the associ ation being
distinct from that of its membe rs, its administrators or any
beneficiaries, and which is est ablished by an agreement between  a
minimum of two persons in the case of a private benefit organis ation
and a minimum of three persons in the case of a public benefit
organisation;
S.L. 373.01."beneficial owner" shall have th e meaning assigned to it under
the Prevention of Money Laundering and Funding of Terrorism
Regulations as specifically applicable to associations and "beneficialownership" shall be construed accordingly, and for the purposes  o f
these regulations shall refer t o (a) members and (b) relevant p ersons as
the case may be;
"Directive" means Directive (EU) 2018/843 of the European
Parliament and of the Council of 30 May 2018 amending Directive(EU) 2015/849 on the prevention of t he use of the financial sys tem for
the purposes of money laundering or terrorist financing and ame nding
Directives 2009/138/EC and 2013/36/EU;
"director" means the administ rator of any type of legal
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organisation under whatever name such office may be designated in
any relevant special law:
Provided that any reference to a director of a legal
organisation with respect to carrying out any act or signing a
document, shall be deemed to inc lude any person who is engaged or to
whom such function has been delegated in writing by the associa tion,
the legal organisation or the relevant administrator or directo r who
shall be deemed to have the authority to delegate such powers in virtue
hereof;
Cap. 373."Financial Intelligence Anal ysis Unit" means the Unit
established under the Prevention of Money Laundering Act;
"Minister" means the Minister responsible for justice;
"Register of Beneficial Owners" m eans the Register of Beneficial
Owners - Associations established and maintained by the Registr ar for
Legal Persons in terms of these regulations;
"register of beneficial owners  - members" and "register of
beneficial owners - relevant pers o n s "  m e a n  t h e  r e g i s t e r s  e s t a b l ished
and maintained by an association as required in regulation 4; 
"register of legal persons" means the main register administered
by the Registrar for Legal Persons in accordance with the Secon d
Schedule;
"Registrar for Legal Persons" means the person appointed by the
Minister responsible for justice in accordance with article 11 of the
Second Schedule;
"relevant persons" means:
(a) the administrators;
(b) the protector or members of a supervisory council, if
any; and
(c) any other natural person exercising ultimate and
effective control over the asso ciation by means of direct or
indirect ownership or by other means including any person
(other than those already referred to in paragraphs (a) and (b)  of
this definition) whose consen t is to be obtained or whose
direction is binding, in terms of the statute of the association orany other instrument in writing, for material actions to be tak en
within the association;
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and for the purposes of paragraph (c) above:
(i) members who are entitled to act in general
meetings or equivalent and act on the basis of percentages
of interests shall not be consi dered to be relevant persons;
(ii) when reference is made to a senior managing
official on the basis of his post in the stated office and noton the basis of his ownership or the control exercised over
the association by other means, then this should be stated
clearly and visibly in the register of beneficial owners -
relevant persons; and 
(iii) the term "material actions" means the following
actions, or any other actions  achieving the same result,
taken by relevant persons:
(aa) the amendment of the statute;
(bb) the appointment or removal of
administrators or protectors or members of the
supervisory council;
(cc) the acceptance of new members or the
removal of members or any increase or reduction inownership interests, or any action affecting theentitlement of a member;
(dd) the continuation of the association in
another country;
(ee) the assignment or transfer of all or the
majority of the assets  of the association; or
(ff) the termination of the association;
Cap. 16. "Second Schedule" means the Second Schedule to the Civil
Code; 
Cap. 16. "special law'' means an Act of Parliament or a part of the Civil
Code which regulates a particular type of association; 
Cap. 373."subject person" means a subject person in terms of the
Prevention of Money Laundering Act  and applicable regulations.
Cap. 373.(2) Unless otherwise stated or the context otherwise requires,
terms and expressions used in the se regulations shall have the meaning
attributed to them in the Second Schedule, any relevant special law, thePrevention of Money Laundering Act and regulations made thereun der
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and in the Directive, as the context may require.
Applicability of 
these 
regulations.3. (1) Subject to the exclusions stated in sub-regulation (3),
these regulations shall apply to  all associations whether estab lished for
a private interest, benefit or purpose or for the achievement o f a social
and, or public benefit or other lawful purpose, and this, irrespective of
whether they are registered or not with the Regi strar for Legal Persons
in terms of the Second Schedule or applicable regulations or wi th any
other registrar, commissioner, board or authority in terms of anyspecial law and includes civil p artnerships, co-operative socie ties,
sports organisations and voluntary organisations in the form ofassociations.
(2) Associations established for a private benefit are those
referred to in article 48 of the Second Schedule and those esta blished
for a public benefit are those referred to in article 48A of th e Second
Schedule.
(3) These regulations shall not apply to:
Cap. 386.(a) any association of persons which is regulated by the
Companies Act;
Cap. 398.(b) any association which is established as a
condominium association in accordance with the Condominium
Act;
(c) any association which is a trade union or an
employers’ association;
(d) any other type of association not referred to above
which the Minister responsible for justice, in consultation wit h
the Minister responsible for f inance, may by notice designate.
Associations to 
obtain and keep 
record of 
beneficial owners.4. (1) Every association shall take all reasonable steps to
obtain and at all times hold adequate, accurate and up-to-date
information in respect of its be neficial owners, including the details of
the beneficial interests held, which shall at least include the  following
particulars: 
(a) the name, the nationality , the country of residence,
the date of birth or in the case of a legal organisation the date of
establishment or of registrati on, and an official identificatio n
document number indicating th e type of document and the
country of issue;
(b) the effective date when any person became or ceased
to be a member, the nature and extent of the beneficial interes t
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held by such member and changes thereto, including the
effective date on which his interest in the association has
increased or been reduced, if such changes take place;
(c) the role of the relevant person in relation to the
association in terms of paragraphs (a) to (c) of the definition"relevant person" in regulation 2(1) and the effective date onwhich a person became, or ceased to be, a relevant person of th e
association:
Provided that for the purposes  of the said paragraph (c),
when reference is made to a senior managing official on the bas is
of his post in the stated office and not on the basis of hisownership or the control exercise d over the association by othe r
means, then this should be stated clearly and visibly in theregister of beneficial owners – relevant persons.
(2) Any person who has reasonable cause to believe that he is a
beneficial owner of an associat ion shall be bound to provide th e
information required under sub-re gulation (1) to  the associatio n
without delay:
Provided that, without prejudice to the aforesaid, the
association shall obtain the information required under sub-reg ulation
(1) from the beneficial owners of the association and, or from any
natural person whom it has reas onable cause to believe to be a
beneficial owner, who shall be bound to provide the said inform ation
to the association within a reasonable time of being requested, not
being in excess of fourteen (14) days, and every beneficial owner who
acquires, disposes of, increases or reduces his beneficial interest in theassociation or whose interest is disposed of, increased or redu ced
through an action of the administrators of the association or o f any
other person having powers to do so under the statute of theassociation, and every person who is appointed or ceases to be or to
carry out the role of a relevant person within the association shall be
bound to provide the said information to the association withinfourteen (14) days of such event taking place:
Provided further that, in cases where a member is a legal
organisation or a fiduciary or ot her intermediary, information shall be
obtained with reference to the na tural person who is the ultima te
beneficial owner thereof.
(3) Such information shall be verified by the association on the
basis of documents, data or info rmation obtained from a reliabl e
source and the association shall not enter the name of any beneficialowner in the register of beneficial owners - members, or the re gister of
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beneficial owners - relevant per sons, unless it has reasonably
confirmed the accuracy of the in formation. The association shal l also
ensure that it obtains declarations confirming that the benefic ial owner
is not an intermediary, such as an agent, mandatory or trustee,  f o r
another person, and, if so, the association shall also obtain i nformation
on the natural person who is the p rincipal or beneficiary of such
intermediary. 
Any information contained in t he statute of an association, a
power of attorney, an engagement or instruction letter delivered to the
Registrar for Legal Persons and any document or notice register ed
w i t h  t h e  R e g i s t r a r  f o r  L e g a l  P e r sons or any other relevant regi strar,
commissioner, board or authority in terms of any special law, a t any
time or any other official document shall be deemed to be suffi ciently
reliable for the purposes of carrying out the duties under this
regulation.
(4) Every association shall enter the information referred to in
sub-regulation (1) in:
( a ) a  r e g i s t e r  o f  b e n e f i c i a l  o w n e r s  -  m e m b e r s ,  w h i c h
shall contain such informati on about the members of the
association; or
(b) a register of beneficial owners - relevant persons,
which shall contain such information about the personsmentioned in paragraphs (a) to (c) of the definition "relevantpersons" in these regulations, 
as the case may be, which registers shall be kept and maintaine d by the
association, or its delegates, a t the registered address of the  association
or at such other place as may be specified in the statute of th e
association.
(5) Unless an association has obt ained, as may be applicable,
information on the underlying beneficial ownership and unless it has
carried out the verifications required by these regulations, it  shall not:
(a) enter the name of a new member or any changes to
the voting rights or ownership interests in the register ofmembers of the association or the  register of beneficial owners  -
members; or
(b) enter the name of a relevant person or any changes
thereto in the register of beneficial owners - relevant persons ; or
(c) notify the Registrar for Legal Persons in compliance
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with the Second Schedule or any other relevant registrar,
commissioner, board or authority in terms of any special law
when required upon an event taking place. 
Cap. 586.(6) Beneficial owners who are natural persons and whose
personal data is held in the register of beneficial owners - membersand, or register of beneficial owners - relevant persons under these
regulations shall be informed of such fact, together with infor mation
about their rights, and the proc edures applicable for exercising those
rights under the Data Protection Act and any regulations made
thereunder, by the relevant association within thirty (30) days  of the
association submitting such information to the Registrar for Legal
Persons as required under these regulations.
(7) Any person who is a beneficia l owner of an association has
a right of access to any information relating to himself in the  relevant
register held by such associati on within a reasonable period no t
exceeding thirty (30) days after  he makes a request in writing to this
effect to the association.
(8) If default is made in complying with the provisions of sub-
regulations (1) or (2), as the case may be, of this regulation: 
(a) the association and every administrator of the
association who is in default shall be jointly and severally li able
to a penalty, and, for every day during which the default
continues, to a further penalty: 
Provided that the association and the administrators
of the association shall not be li able if they had exercised al l due
diligence to comply with the pr ovisions of this regulation and the
default was not due to any negligent act or omission on their
part; and
(b) every member or any pers on referred to in paragraphs
(b) or (c) of the definition rele vant person who is in default,
without valid excuse, shall be li able to a penalty and, for eve ry
day during which the default continues, to a further penalty.
(9) Nothing in this regulation shall have any effect on the
obligation of any association to  establish and maintain a regis ter of
members referred to in article 51 of the Second Schedule or theequivalent referred to in other special laws which may be appli cable to
any particular t ype of association.
(10) The administrators of an  association shall retain the
information in respect of its beneficial owners including the details of
the beneficial interests held in terms of these regulations for ten (10)
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years and this, from the date on which:
(a) the grounds for registering the beneficial ownership
information have ceased to exist; or
(b) the association has been struck off from the Register
of Legal Persons or, if the association is not registered in te rms
of the Second Schedule or applicable regulations, from the date
on which the certified copy of the winding up resolution is
delivered to the Registrar of Legal Persons in accordance with
article 59 of the Second Schedule; or
(c) there is the termination of  registration in case of the
continuation of the association in another country in accordanc e
with article 22A of the Second Schedule,
whichever is the earlier.
Associations 
established 
before 30th June 
2019.5. (1) Where an association has been established prior to
30th June 2019, irrespective of whe ther this is registered or n ot with
the Registrar for Legal Persons in terms of the Second Schedule o r
applicable regulations or with a ny other registrar, commissione r, board
or authority in terms of any special law, there shall be delive red to the
Registrar for Legal Persons by 30th June, 2019 a declaration, in the
prescribed form, signed by one of the administrators of the association,containing adequate, accurate and up-to-date information in
accordance with regulation 4 on al l the beneficial owners of th e
association. Where the administrator is a body corporate, suchdeclaration shall be signed by one director thereof:
Provided that if the associati on is not registered with the
Registrar for Legal Persons in terms of the Second Schedule orapplicable regulations, there sh all also be delivered to the Re gistrar for
Legal Persons by the aforementioned date, together with theaforementioned declaration, an authenticated copy of the statut e of the
association.
(2) An association referred to in this regulation shall not be
registered, if the association is not registered and, in any case all
relative forms and documents, shal l not be registered in accord ance
with the Second Schedule and app licable special laws unless the
Registrar for Legal Persons is sa tisfied that the requirements of this
regulation have also been complied with, and this, notwithstanding the
maximum date for compliance st ated in the preceding sub-regulat ion.
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Associations 
established on 
or after 1st July 2019 up to the 
date of coming 
into force of these 
regulations.6. (1) Any association which is established on or after 1st
July 2019 until the coming into force of these regulations, irr espective
of whether this is registered or not with the Registrar for Leg al Persons
in terms of the Second Schedule or applicable regulations or wi th any
other registrar, commissioner, board or authority in terms of a ny
special law, shall comply with t hese regulations within three ( 3)
months of the coming into force of  these regulati ons and there shall be
delivered to the Registrar for L egal Persons within such time period a
declaration in the prescribed form, signed by one of the admini strators
of the association containing adequate, accurate and up-to-date
information in accordance with r egulation 4 on all the benefici al
owners of the association. Where the administrator is a body co rporate,
such declaration shall be signed by one director thereof:
Provided that if the associati on is not registered with the
Registrar for Legal Persons in terms of the Second Schedule or
applicable regulations, there sh all also be delivered to the Re gistrar for
Legal Persons by the aforementioned period of time, together wi th the
aforementioned declaration, an a uthenticated copy of the statut e of the
association.
(2) With reference to an association referred to in sub-
regulation (1):
(a) in the case of an association which is not registered
with the Registrar for Legal Persons in terms of the Second
Schedule or applicable regulati ons or with any other registrar,
commissioner, board or authority in terms of any special law, theassociation shall comply with these regulations before itcommences activities notwithsta nding the date for compliance
stated in sub-regulation (1); and 
(b) in the case of an association which seeks registration
with the Registrar for Legal Persons in terms of the Second
Schedule or applicable regulati ons or with any other registrar,
commissioner, board or authority in terms of any special law, theassociation shall not commence ac tivities and the association and
all relative documents, shall not be registered in accordance w ith
the applicable special laws unless the Registrar for Legal Personsis satisfied that the requirements of these regulations have al so
been complied with and this, notwithstanding the date for
compliance stated i n sub-regulation (1).
Associations 
established after 
the coming into force of these 
regulations. (3) Any association which is est ablished after the coming into
force of these regulations, irre spective of whether this is to be
registered or not with the Registrar for Legal Persons in terms  of the
Second Schedule or applicable re gulations or with any other registrar,
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commissioner, board or authority in terms of any special law, s hall
comply with these regulations within three (3) months of the da te of its
establishment and there shall be delivered to the Registrar for Legal
Persons within such time period:
(a) a declaration in the presc ribed form, signed by one of
the administrators of the association containing adequate,accurate and up-to-date information in accordance with
regulation 4 on all the beneficial owners of the association.
Where the administrator is a body corporate, such declaration
shall be signed by one dir ector thereof; and 
(b) if the association is not registered within the Registrar
for Legal Persons in terms of the Second Schedule or applicable
regulations, there shall also be delivered to the Registrar for
Legal Persons, within the aforementioned time period, togetherwith the aforementioned declar ation, an authenticated copy of
the statute of the association.
(4) With reference to an association referred to in sub-
regulation (3):
(a) in the case of an association which is not registered
with the Registrar for Legal Persons in terms of the SecondSchedule or applicable regulati ons or with any other registrar,
commissioner, board or authority i n terms of any special law, t he
association shall comply with these regulations before itcommences activities; and
(b) in the case of an association which seeks registration
with the Registrar for Legal Persons in terms of the SecondSchedule or applicable regulati ons or with any other registrar,
commissioner, board or authority i n terms of any special law, t he
association shall not commence ac tivities and the association a nd
all relative documents, shall not be registered in accordance with
the applicable special law unless the Registrar for Legal Perso ns
is satisfied that the requirement s of this regulation have also  been
complied with. 
Rules applicable 
to all cases for 
regulations 5 
and 6.(5) (a) Any personal data subm itted to the Registrar for
Legal Persons under these regulations, shall be current and sha ll
correspond to the actual beneficial owners of the association o n the
date of submission.
(b) On a continuing basis, if the association is registered,
the Registrar for Legal Persons, or where the registration has taken
place under a special law, the relevant registrar, commissioner , board
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or authority, shall not proceed with the registration of any re gisterable
forms or documents of the association delivered to him in accor dance
with any applicable special law, unless the Registrar for Legal  Persons
is satisfied that the requirement s of these regulations have be en
complied with. 
For the purpose of these regulations:
(i) the relevant registrars , commissioners, boards or
authority shall co-ordinate their activities with the Registrar  for
Legal Persons in accordance with guidelines issued by him on
such matters from time to time; and
(ii) the relevant registrar, commissioner, board or
authority shall notify any associ ation for which a submission i s
refused due to non-compliance with these regulations of the
reasons for refusal.
(6) In case of default of compli ance with regulation 5(1), 6(1)
and 6(3), the association and every administrator of the associ ation
who is in default shall be jointly and severally liable to a penalty, and,for every day during which the defa ult continues, to a further penalty: 
Provided that the association a nd the administrators of the
association shall not be liable if they had exercised all due d iligence to
comply with the provisions of these regulations and the default  was not
due to any negligent act  or omission on their part.
Online 
registration.(7) The Registrar for Legal Persons shall be entitled to require
online registration of any documen ts or forms submitted to him in
accordance with these regulations, and to establish the rules a nd
procedures relative thereto in guidelines which he may issue fo r this
purpose. 
Register of Beneficial 
Owners.7. (1) The information on the beneficial owners of every
association provided to the Regis trar for Legal Persons in acco rdance
with these regulations shall be entered and held by the Registr ar for
Legal Persons in a Register of Be neficial Owners kept for this purpose,
which register may be in electronic format.
(2) Documents required to be de livered to the Registrar for
Legal Persons under any of the provisions of these regulations shall
not form part of, nor be registered in, the main Register of Le gal
Persons administered by the Registrar for Legal Persons under t he
Second Schedule and the information on the beneficial owners of
every association provided to the  R e g i s t r a r  f o r  L e g a l  P e r s o n s  i n
accordance with these regulations shall be entered and held by the
Registrar for Legal Persons only in the Register of Beneficial Owners
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kept by the Registrar for Legal Persons for this purpose.
(3) The Register of Beneficial Owners shall be accessible only
to such persons, under such condi tions and in accordance with s uch
procedures as are set out in these regulations. For the avoidan ce of
doubt, in case of conflict regard ing accessibility between any special
law governing a particular legal  form of association, including  t h e
Second Schedule, and these regula tions, these regulations shall  prevail
over the provisions of any special law in so far the Register o f
Beneficial Owners is concerned.
(4) The information provided by an association in terms of
these regulations shall be deemed to be sufficiently reliable f or the
Registrar for Legal Persons to proceed with  the registration or  relevant
action; however, he may demand any additional or updated
information to verify that an as sociation is at any time comply ing with
its duties under these regulations.
Notice of 
change in 
beneficial owners to the 
Registrar for 
Legal Persons.8. (1) The information held in the Register of Beneficial
Owners must be adequate, accurate and up-to-date.
(2) Where there is a change in the beneficial ownership of an
association or any other change occurs as a result of which the
particulars in the Register of Beneficial Owners in relation to  a
beneficial owner are no longer current, are incorrect or incomp lete, the
association shall, within fourte en (14) days from the date on w hich the
change is recorded with the association, deliver to the Registr ar for
Legal Persons a notice, in the prescribed form, of the change,
providing the information required under regulation 4 on any ne w
beneficial owner, updated information including on the nature and
extent of the beneficial interes t held, on each of the other be neficial
owners and the effective date of changes made, and the Registrar forLegal Persons shall enter the said changes in the Register of B eneficial
Owners: 
Provided that if the change in the beneficial ownership
information relates to a change in the administrator(s), it sha ll be the
duty of the administrator(s) in office thereafter to notify the  Registrar
for Legal Persons of such change.
(3) The Registrar for Legal P ersons shall not, upon receiving
the notice referred to in the preceding sub-regulation, register anychanges in the beneficial owners in the Register of Beneficial Ownersunless the requirements of these r egulations have been complied  with,
and this, with reference to the notice itself or for any other reason. 
(4) The notice of changes in benef icial ownership referred to in
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sub-regulation (2), duly completed, shall be signed by at least one
administrator of the associati on. Where the administrator is a body
corporate, such notice shall be signed by at least a director t hereof.
(5) In case of default in comply ing with the provisions of this
regulation, the associat ion and every administrator of the asso ciation
who is in default shall be jointly and severally liable to a penalty, and,
for every day during which the defa ult continues, to a further penalty:
Provided that an association and the administrators of the
association shall not be liable if they had exercised all due d iligence to
comply with the provisions of this  regulation and the default w as not
due to any negligent act  or omission on their part.
(6) The obligation to file a notice in terms of this regulation
shall not exonerate the associati on, or any of its administrators, from
any duty to notify such changes to the Registrar for Legal Pers ons or
any other registrar, commissione r, board or authority or other person in
terms of the applicable special law.
Rectification of 
the registers.9. (1) If:
(a) the name of any person is, without sufficient cause,
entered in or omitted from the register of beneficial owners -
members, or the register of bene ficial owners - relevant person s,
kept and maintained by an association or the Register of
Beneficial Owners kept and maintained by the Registrar for
Legal Persons; or
(b) unnecessary delay, being at least more than thirty (30)
days, takes place in entering in  or removing from such register s
the fact that a person has become or ceased to be a member or arelevant person of such association,
the person aggrieved or any member or relevant person may apply  to
the Civil Court, First Hall, for  the rectification of the relev ant register
and, or the Register of Beneficial Owners.
(2) Where an application is mad e under sub-regulation (1), the
Civil Court, First Hall may:
(a) refuse the application;
(b) decide any question as to whether the name of any
person should or should not be entered in or removed from the
relevant register, as the case may be;
(c) order the rectification of the relevant register, as the
VERŻJONI ELETTRONIKA
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case may be;
(d) order payment by the association of compensation of
up to one thousand euro (€1,000) for any loss sustained by any
party aggrieved; and, or
(e) more generally, decide any question necessary or
expedient to be decided for rectification of the relevant regis ter.
(3) All decisions of the Civil Court, First Hall, relating to th e
above mentioned registers shall be deemed to be orders which ap ply to
the association, and also to the Registrar for Legal Persons wi thout
being a party thereto, and they  shall, upon being notified with  a
certified copy of the judgment of the Civil Court, First Hall, act
accordingly to ensure that identical actions  are taken in all the relevant
registers
Discrepancies. (4) (a) Subject persons referred to in sub-re gulation (1)(b) of
regulation 10 and, if appropriate and to the extent that this does not
interfere unnecessarily with thei r functions, competent authori ties
referred to in sub-regulation (1)(a) of regulation 10, shall re port to the
Registrar for Legal Persons any di screpancies they find between  the
beneficial ownership informati on available in the Register of
Beneficial Owners and the benefi cial ownership information otherwise
available to them.  
(b) In the case of reported discrepancies, the Registrar for
Legal Persons shall, unless other wise prohibited in terms of th ese
regulations and only to the extent permitted by these regulatio ns,
inform the association of the re ported discrepancy requesting a
clarification thereon within a t ime period indicated therein, together
with any documentation which he shall consider necessary for su ch
discrepancy to be resolved, and may at his discretion, insert a n
annotation in the Register of Beneficial Owners as he deemsappropriate.
(c) The Registrar for Legal Persons may determine, in
case of registered associations, that the discrepancy is materi al and
may undermine the utility of publ ic information in the Register  o f
Legal Persons and, in such event,  may note the discrepancy even  in the
Register of Legal Persons until i t is corrected to his satisfac tion. This
rule shall apply mutatis mutandis  to other registrars, commissioners,
boards or authorities and regist ers under other special laws wh om the
Registrar for Legal Persons may  notify in writing of any discre pancy
which may come to his attention.
( d ) T h e  R e g i s t r a r  f o r  L e g a l  P e r s o n s  m a y  r e p o r t  s u c h
VERŻJONI ELETTRONIKA
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discrepancies to the Financial Intelligence Analysis Unit in ca se of
failure to address the discrepancy within a reasonable time. 
Access to 
information in the Register of 
Beneficial 
Owners.10. (1) The information on the beneficial owners of an
association held by the Registrar for Legal Persons in the Regi ster of
Beneficial Owners shall, subject to the provisions of these reg ulations,
be accessible to:
S.L. 373.01.(a) national competent authorities being public
authorities with designated responsibilities for combating mone y
laundering or terrorist financing, or that have the function of
investigating or prosecuting money laundering, associated
predicate offences and terroris t financing, or of tracing, seiz ing,
freezing and confiscating crim inal assets, the Financial
Intelligence Analysis Unit and national tax authorities,
supervisors of subject persons and any other national competentauthority within the meaning a ssigned to it under the Preventio n
of Money Laundering and Funding of Terrorism Regulations notalready covered above, for the purposes of fulfilling theirstatutory functions, in a timel y manner without any restriction
and without alerting the associ ation or the beneficial owners
concerned; and
S.L. 373.01. (b) subject persons in terms of the Prevention of Money
Laundering and Funding of Terro rism Regulations for the
purpose of carrying out customer due diligence in accordance
with the said regulations with reference to such association,
which access shall be granted i n a timely manner on a written
request.
Members of the 
public.(2) Upon a written request to the Registrar for Legal Persons,
any member of the general public  and any organisation, other th an
those referred to in sub-regulation (1), may be provided with the
following information held in the Register of Beneficial Owners  with
reference to a specified association:
(a) the name;
(b) the month and year of birth or the date of
establishment or registration in case of a legal organisation;
(c) the nationality or the State of establishment or
registration in case of a legal organisation;
(d) the country of residence; and
(e) the extent and nature of the beneficial interest, 
VERŻJONI ELETTRONIKA
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of the beneficial owners of the association and this shall be g ranted in
a timely manner. Any such person or organisation shall not be g ranted
access to any other information or  documents relating to the be neficial
owners of the association whic h may be in the possession of the
Registrar for Legal Persons.
(3) The subject persons mentioned in sub-regulation (1)(b)
shall, together with the writte n request, submit to the Registrar for
Legal Persons:
(a) identification details and other information supported
by documents, certified as authentic, showing that the person
requesting access to the Register is a subject person, such as a
licence or a professional warrant or other evidence of the
function of the subject person;
(b) a declaration that the purpose of the enquiry relates
and will contribute t o the prevention, det ection and combating of
money laundering or the associate d predicate offences or the
financing of terrorism;
(c) documentation, certified as authentic, of the legal
relationship with the association or the beneficial owners, suc h
as an engagement or instruction letter engaging the subject
person or a power of attorney, if any, and failing which a
declaration explaining why the subject person’s role is not bas ed
on such a legal relationship; and
(d) any other document which the Registrar for Legal
Persons may deem necessary.
(4) The members of the gene ral public mentioned in sub-
regulation (2) shall, together w ith a written request, submit t o the
Registrar for Legal Persons:
(a) identification details and other information supported
by documents, certified as aut hentic, identifying the person
requesting information from the Register of Beneficial Owners;
( b ) a  d e c l a r a t i o n  o f  t h e  l e g a l  b a s i s  o f  t h e i r  r e q u e s t  t o
confirm that the purpose of t he enquiry relates and will
contribute to the prevention, de tection and combating of money
laundering or the associated predicate offences or the financin g
of terrorism and a general description of how access to the
information will so contribute;
(c) any other document which the Registrar for Legal
VERŻJONI ELETTRONIKA
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Persons may deem necessary:
Provided that for this purpose, the Registrar for Legal
Persons may publish guidelines setting out the documentation
required to support such a request  to information held in the
Register of Beneficial Owners as well as the procedure for
making such requests and any other applicable conditions.
(5) To prevent the abuse of the  information contained in the
Register of Beneficial Owners and to balance out the rights ofbeneficial owners, the Registrar may make:
(a) information relating to the applicants mentioned in
sub-regulations (1)(b) and (2); 
(b) the legal basis for their request; and
(c) the reasons for the decis ion taken by the Registrar for
Legal Persons to grant access to information,
available to the association and, or the relevant beneficial ow ner to
enable such association or beneficial owner to protect their own
interests. 
(6) Access to or provision of information held in the Register
of Beneficial Owners shall be s ubject to the following conditio ns:
(a) the competent authorities r eferred to in sub-regulation
(1)(a) shall be granted access without restriction to the reque sted
information held in the Regist er of Beneficial Owners on the
assumption that such consultatio n is related to such competent
authority’s statutory functions and subject to the relevant
competent authority’s obligations under applicable data
protection laws and regulations;
(b) subject persons referred to in sub-regulation (1)(b)
shall be granted access to the requested information held in th e
Register of Benefi cial Owners upon written request to the
Registrar for Legal Pe rsons on the basis of  the declarations made
and documents submitted as stated in sub-regulation (3) beingsatisfactory and subject to t he relevant subject person’s
obligations under applicable dat a protection la ws and regulations
and laws relating to professional secrecy; and
(c) the persons or organisations forming part of the
general public referred to in sub-regulation (2) shall be grant ed
the information requested on sa tisfactory compliance with sub-
regulation (4). 
VERŻJONI ELETTRONIKA
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Provided that any such request and any permission
granted shall be limited to the specific association and the
specific beneficial owner or owne rs referred to in the request.
Special cases 
involving 
serious risks.(7) (a) Except in the case contemplated in sub-regulation
(1)(a) or in the case of credit or financial institutions in th e course of
carrying out their duties under laws for the prevention of mone y
laundering and terrorist financing or of subject persons that are public
officials, access to information on a beneficial owner of an as sociation
may be denied, in full or in part where, in exceptional circums tances to
be justified by means of documentary evidence and to be determi ned
on a case by case basis, following a detailed evaluation of theexceptional nature of the circ umstances, access to such benefic ial
ownership information would e xpose the beneficial owner to
disproportionate risk, risk of fraud, kidnapping, blackmail, extortion,
harassment, violence or intimidation, or where the beneficial o wner is
a minor or is otherwis e legally incapable.
(b) Every request for information which raises the above
risks based on information provided by the association when
complying with these regulations  shall be examined by the Regis trar
for Legal Persons on a case-by-case basis p rior to his determin ation on
whether to grant access to information or otherwise. Such denia l of
access by the Registrar for Lega l Persons shall only be decided  upon a
detailed evaluation of the excep tional nature of the circumstan ces. 
(8) (a) The Registrar for Legal Persons shall be bound to
notify the association to which  sub-regulation (7) applies, in writing,
of any application for informat ion relating to the applicants m entioned
in sub-regulations (1)(b), and ( 2) and the legal basis for the request. 
( b ) T h e  R e g i s t r a r  f o r  L e g a l  P e r s o n s  s h a l l  g r a n t  t h e
association at least ten (10) w orking days to make any submissi ons in
writing to the Registrar for Leg al Persons. The association sha ll
communicate the information to a ny relevant beneficial owner fo r any
comments which such beneficial owner may wish to raise in such time
and manner as will enable the association to respond as above s tated.
The Registrar for Legal Persons shall process the response rece ived in
a timely manner.
(c) Should the Registrar for Legal Persons decide to
grant access, he shall provide the reasons for his decision to the
association in writing prior to notifying such decision to the applicant
and the association shall have a right to contest such decision b y
applying for judicial review of such decision within twenty (20 )
working days from receipt thereof, and this without involving t he
applicant. The sworn application for judicial review shall be notified to
VERŻJONI ELETTRONIKA
B 252
the Registrar for Legal Persons w ho shall have twenty (20) work ing
days to respond to such application:
Provided that the Registrar  for Legal Persons shall not
grant access until the conclusion of the review proceedings and  in such
case only under the conditions as may be established by the Cou rt. 
Decisions 
refusing access to information.(9) (a) The Registrar for Le gal Persons shall be bound to
notify in writing the applicant, with a copy to the association , of any
decisions that he may take refu sing a written request made to him on
the basis of sub-regulation (7), p roviding the reasons for his decision.
The Registrar for Legal Pers ons shall do so in a timely manner.
(b) Any applicant who feels aggrieved by the decision of
the Registrar for Legal Persons shall have a right to apply for  judicial
review of such decisi on, within twenty (20) working days from receipt
thereof, which application for judicial review shall also be no tified to
the Registrar for Legal Persons w ho shall have twenty (20) work ing
days to respond to such applicat ion. The sworn application shal l also
be notified to the association, which may consult the relevant
beneficial owner and who shall be  entitled to participate in th e
proceedings with the association.
(10) A sworn application for judicial review from the decision
of the Registrar for Legal Pers ons in terms of sub-regulation (8) and
(9) shall be made to the Civil Court, First Hall, and this, wit h a right of
appeal, within twenty (20) working days from the date on which the
decision of the Civil Court, Fir st Hall is given, to the Court of Appeal
in its inferior jurisdiction. An appeal may be made on any poin t of law
and, or of fact by means of a sworn application.
(11) Such applications for judicial review and any appeals shall
be filed in the registry of the relevant court and, if so order ed by the
court, the proceedings shall be held in camera  to protect the
confidentiality of the beneficial owners. 
Online requests 
for access.(12) The Registrar for Legal Persons shall be entitled to require
solely online requests to access information in the Register of
Beneficial Owners, as establishe d in guidelines which he may is sue for
this purpose. 
Sharing of 
Information.(13) Notwithstanding the provision s of any other law, including
the laws on professional secrecy and data protection, the competent
authorities referred to in sub-regulation (1)(a) and the Financ ial
Intelligence Analysis Unit are permitted, in pursuance of their
functions in accordance with a pplicable law, to provide the
information about the beneficial owners to competent authoritie s and
to Financial Intelligence Units of other Member States of the E uropean
VERŻJONI ELETTRONIKA
B 253
Union and to do so in a timely manner  and free of charge.
Statistics. (14) The Registrar for Legal Persons shall publish annual
statistical data on the number of refusals issued under sub-reg ulation
(7) and the reasons stated thereof and report the data to the European
Commission.
Data protection 
and confidentiality. 
Cap. 586.11. (1) All persons entitled to access and to the receipt of
information in terms of these regulations shall comply with the
provisions of the Data Protecti on Act and relevant regulations
thereunder in relation to the information which they have acces sed or
received and they shall also be  subject to the obligation not t o disclose
any information about beneficial owners except as required orpermitted by applicable law.
(2) The Registrar for Legal Persons shall be bound to maintain
confidentiality on any access to t he Register of Beneficial Owners by
the authorities referred to in regulation 10(1)(a) and shall no t inform
the association or the beneficia l owners on whom information is
sought of such access. In all other cases the Registrar for Leg al
Persons shall act according to t hese regulations and shall ende avour to
do so within reasonable times.
Provisions to 
support the functions of the 
Registrar for 
Legal Persons.
Cap. 373.12. (1) The provision of information by associations in
accordance with these regulations to the Registrar for Legal Pe rsons
shall not imply that such associations do not remain equally ob liged to
provide any information requested of them by subject persons ta king
customer due diligence measures in accordance with the Preventi on of
Money Laundering Act and applicable regulations, as well as others
entitled to such information under special laws, about such ass ociation
and its beneficial owners.
(2) So as to ensure that the Registrar for Legal Persons is not
inundated with requests under these regulations which could be easily
met by observance of basic compl iance with applicable laws and so as
to avoid demands on the Registrar for Legal Persons which are noteligible under these regulations:
(a) all subject persons shall deal directly with
associations and beneficial owners prior to applying to theRegistrar for Legal Persons; and
(b) all associations shall pr ovide information about their
beneficial owners, direct and i ndirect, to subject persons, as well
as to others entitled to such information under special laws, i n a
timely manner, when:
VERŻJONI ELETTRONIKA
B 254
Cap. 373.(i) such subject persons are carrying out customer
due diligence measures in accordance with the Prevention
of Money Laundering Act and applicable regulations; or
(ii) other persons who are seeking information from
the association itself and who are entitled to demand, andbe provided with, such information, are doing so for the
purposes of special laws which are intended for the
prevention, detection and combating of money launderingor the associated predicate offences or the financing of
terrorism.
(3) In any case, subject persons shall not rely exclusively on
the Register of Beneficial Owners to fulfil their customer duediligence requirements and access to  such Register of Beneficia l
Owners by subject persons in term s of these regulations shall n ot
exonerate such subject persons from all responsibilities and dutiesincumbent upon them in terms of applicable law.
Misleading, 
false or 
deceptive 
information.13. (a) Any administrator of an association who knowingly
or recklessly makes a statement,  declaration or otherwise provides to
the Registrar for Legal Persons  information on the beneficial
ownership of an association that is misleading, false or decept ive in a
material particular; and
(b) any beneficial owner of an association who
knowingly or recklessly makes a st atement, declaration or other wise
provides to the administrators of  an association information on  t h e
beneficial ownership of an assoc iation, that is misleading, fal se or
deceptive in a material particular,
shall be guilty of an offence and shall be liable on conviction  to a fine
(multa ) of not more than five thousand euro (€5,000) or to
imprisonment for a term not exceeding six (6) months or to both such
fine and imprisonment.
Interconnection 
of the Register 
of Beneficial 
Owners.14. (1) The Register of Beneficial Owners held by the
Registrar for Legal Persons in accordance with regulation 7 sha ll be
interconnected with the system of interconnection of central re gisters
of Member States established by Article 22 of Directive (EU) 20 17/
1132 and in accordance with nati onal law by means of the Europe an
Central Platform and the European  e-Justice portal serving as t he
European electronic access point . The connection to the platfor m shall
be set up in accordance with t he technical specifications and
procedures established by impl ementing acts adopted by the Euro pean
Commission.
(2) The information on the benefi cial owners of an association
VERŻJONI ELETTRONIKA
B 255
held by the Registrar for Legal Persons in the Register of Beneficial
Owners shall be available and ac cessible to the authorities men tioned
in regulation 10(1)(a) through the system of interconnection of
registers mentioned in this regulation.
(3) The information on the beneficial owners of an association
held by the Registrar for Legal Persons in the Register of Beneficial
Owners shall be available through the Register of Beneficial Owners
and through the system of interc onnection of registers for at l east five
(5) years after: 
(a) the grounds for registering the beneficial ownership
information have ceased to exist; or
(b) the association has been struck off from the Register
of Legal Persons or, if the association is, for any reason, not
registered in terms of the Second Schedule or applicableregulations, from the date on which the certified copy of the
winding up resolution is delivered to the Registrar for Legal
Persons in accordance with arti cle 59 of the Second Schedule; o r
(c) there is the termination of  registration in case of the
continuation of the association in another country in accordanc e
with article 22A of the Second Schedule,
whichever is the earlier.
Electronic 
communication. 
Cap. 426.15. Any document which is required to be delivered to the
Registrar for Legal Persons unde r any of the provisions of thes e
regulations and any such delivery and the retention of any such
document by the Registrar for Legal Persons, may be in such for mat
and by such means, including in  electronic form and by electron ic
communication within the meaning of the Electronic Commerce Act ,
as the Registrar for Legal Persons may deem appropriate.
Administrative 
penalties.16. (1) Where any provision of these regulations provides for
the imposition of a penalty, the amount of such penalty shall b e
determined by reference to the  Schedule, which specifies the
maximum penalty that may be imposed by the Registrar for Legal
Persons under any of the provisions of these regulations.
(2) The first column in the Schedule, indicates the regulation
and sub-regulation which prescrib es that a penalty shall be imp osed,
the second column gives a general description of the infringeme nt,
which description shall not be re lied on in interpreting any pr ovision
of these regulations, the third column prescribes the maximum penalty
and the fourth column prescribes  the maximum daily default pena lty.
The penalty shall become due on the day on which the default oc curs
VERŻJONI ELETTRONIKA
B 256
and the daily default penalty shall be due for every day during  which
the default continues and shall accrue from the day following t hat on
which the default occurs.
(3) Action by the Registrar for Legal Persons for the recovery
of a penalty under these regulations shall be prescribed by the  lapse of
five (5) years from the day on which the default occurs.
(4) An association, irrespective of whether it has legal
personality or not, shall be jointly and severally liable with its
administrators for the payment of any administrative penalties
imposed under these regulations.
 (5) The provisions of the Sche dule shall apply to any penalty
imposed by the Registrar for Legal Persons under these regulati ons.
Fees. 17. Access to information in the Register of Beneficial Owners
may be subject to the payment of a fee which shall not exceed the
administrative costs thereof, in cluding costs of maintenance an d
development of the Register. The  R e g i s t r a r  f o r  L e g a l  P e r s o n s  m a y,
from time to time, by notice publ icly available at the Registry  f o r
Legal Persons, establish such fee.
Forms. 18. The Registrar for Legal Persons shall have the power to
issue and prescribe forms, and to  modify the same as may be req uired,
from time to time, to be used by associations, beneficial owner s,
persons requesting access and information and otherwise, for th e better
carrying out and implementati on of these regulations.
Guidelines. 19. The Registrar for Legal Persons may, from time to time,
issue guidelines for the better implementation of these regulat ions in
particular contexts.
Repeal and 
savings. 
S.L. 16.16.20. (1) The provisions of the Civil Code (Second Schedule)
(Register of Beneficial Owners  - Associations) Regulations,
hereinafter referred to as "the R epealed Regulations" are hereb y
repealed, and any references in any law to the repealed regulat ions
shall be construed as refere nces to these regulations.
(2) Notwithstanding the provisi ons of sub-regulation (1), the
repealed regulations shall remain applicable for the purpose of  any act,
decision, action or proceedings taken in respect of any breach of the
repealed regulations that occurred or were instituted prior to the
coming into force of these regulations.
VERŻJONI ELETTRONIKA
B 257
SCHEDULE
(Regulation 16) 
Regulations and Penalties  applicable thereunder
The following provisions shall apply to any penalty imposed by the
Registrar for Legal Persons in terms of the Civil Code (Second
Schedule) (Register of Beneficial  Owners - Associations) Regula tions:
(1) Where the Registrar for Legal Persons gives notice in writin g to
any association and, or any person that such association and, o r
person has become liable to a penalty under these regulations
specifying the nature of the infringement, and indicating an
amount as due by way of penalty in respect of such infringement ,
the association and, or person to whom the notice is given shal l,
without prejudice to the provisi ons of paragraphs (2) to (15) b e
deemed to have incurred a pena lty under these regulations, and
the amount indicated as aforesaid as due by way of penalty
including any penalty due for each day during which the default
continues shall be deemed to b e the penalty due under these
regulations in respect of the infringement specified in the notice.
(2) A notice as is referred to in paragraph (1) shall, upon the service
of a copy thereof by means of a judicial act on the association
and, or any person indicated in t he notice, consti tute an execu tive
title for all effects and purposes of Title VII of Part I of Book
Second of the Code of Organization and Civil Procedure unless
such person shall within thirty (30) days from the date of suchRegulation Default PenaltyDaily 
penalty
4(8) 4(1) Failure to keep record of
beneficial owners €500 €5
4(8) 4(2) Failure to provide
information within fourteen (14)
days of formal request by theassociation €500 €5
6(6) Failure to submit the declaration
to the Registrar for Legal Personswithin the periods referred to inthe regulations 5(1), 6(1) and 6(3) €500 €5
8(5) 8(2) Failure to provide
information to the Registrar forLegal Persons about a change inthe beneficial owners of an
association within the stated time
period €500 €5
VERŻJONI ELETTRONIKA
B 258
service institute pr oceedings before the court objecting to the
penalty so fixed.
(3) Where any association and, or any person desires to institut e
proceedings objecting to a penalty referred to in paragraph (1) ,
such proceedings shall be instit uted by application against the
Registrar for Legal Persons.
(4) The application shall, under pain of nullity, state clearly and
concisely the nature of the complaint, the facts out of which the
complaint arises, the reasons why such complaint should be
upheld, and the claim that the penalty is not due at law or is due at
law only in a smaller amount.
(5) The court shall not annul or reduce a penalty as aforesaid unless
such penalty cannot at law be imposed in the circumstances of t he
case, or cannot at law be fixed in the amount fixed by the
Registrar for Legal Persons.
(6) The applicant shall attach to the application all such docum ents
in support of his claim as it may be in his power to produce, a nd
shall indicate in his application the names of all witnesses he
intends to produce stating, in r espect of each, the proof which  he
intends to make.
(7) The court shall, without delay,  set down the application for
hearing at an early date, which date shall in no case be later than
thirty (30) days from the date of the filing of the application .
(8) The application, and the noti ce of the date fixed for hearin g, shall
be served on the Registrar for Le gal Persons without delay, and
the said Registrar for Legal Persons shall file his reply there to
within fourteen (14) days after the date of the service of the
application.
(9) The Registrar for Legal Persons shall, in his reply, state c learly
and concisely whether he agrees to the facts set out in theapplication, and the reasons why he objects to the claim; he sh all
moreover state in his reply the names of the witnesses in suppo rt
of his reasons and shall attach thereto all the documents insupport thereof.
(10) On the day fixed for the h earing of the application, the co urt shall
consider only the issues of fact and of law as are ascertainabl e
from the application, reply or documents filed, by either of th e
parties, or from the evidence indicated by either of the partie s in
the application or reply, as the case may be, or from the oral
VERŻJONI ELETTRONIKA
B 259
pleading of either of the parties.
(11) The court shall hear the application to a conclusion within five
(5) working days from the date f ixed for the original hearing o f
the application, and no adjournment shall be granted except
either with the consent of both parties, or for an exceptional
reason to be recorded by the court, and such adjourned date sha ll
not be later than that ju stified by any such reason.
(12) Saving the preceding paragraphs, the provisions of the Code  of
Organization and Civil Procedure relating to proceedings beforethe First Hall of the Civil Court shall apply in relation to any such
application.
(13) Notwithstanding the provisi ons of article 256(2) of the Cod e of
Organization and Civil Procedure, the executive title referred to
in paragraph (2) shall not be enforceable before the lapse of t hirty
(30) days from the service of the judicial act therein referred  to. 
(14) The decision of the court upon an application referred to i n
paragraph (3), confirming the imposition of a penalty fixed by the
Registrar for Legal Persons or reducing any such penalty, shall
upon becoming res judicata  be deemed to be a judgment of the
court ordering the payment by th e applicant of the penalty as
confirmed or reduced.
(15) An appeal from a decision of the court upon an application
referred to in paragraph (3), shall be made by means of an
application to the Court of App eal to be filed within ten (10)
working days of the date of the decision; the association and, or
person against whom the appeal is entered shall within ten (10)working days from the service upo n him of the application file a
reply to the appeal.
VERŻJONI ELETTRONIKA
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