In a CV, VOF, or maatschap (limited, general, or professional partnership), or in an EEIG, or rederij (shipping company), several interests may be at stake. These interests are described on this page. The stake a person has in your organisation determines whether or not they are a UBO.
Please note: check the list of interests below and start at number 1. Select the first interest that applies to the people in your organisation. You must then register the UBOs with that interest.
Who are the stakeholders in your organisation?
1. Persons who are entitled to over 25% of the capital
Any person who is entitled to receive a share of the organisation's funds is referred to as a beneficiary. If there are 3 beneficiaries or fewer, they must be registered as UBOs, as they are entitled to more than 25% of the total assets. Make a note of which percentage of the capital the UBO is entitled to:
- over 25%, and less than or equal to 50%
- over 50%, and less than or equal to 75%
- over 75%, and less than or equal to 100%
Example of persons entitled to capital
Two partners run a VOF (general partnership). All agreements they have made about money and management have been set out in an agreement. This also states that the remuneration and profits are divided 50/50. Both partners are therefore entitled to 50% of the assets and are therefore both UBOs.
2. Persons with more than 25% voting rights
Persons who have more than 25% of the voting rights in the organisation can be designated UBOs. Make a note of the percentage of the UBOs’ voting rights:
- over 25%, and less than or equal to 50%
- over 50%, and less than or equal to 75%
- over 75%, and less than or equal to 100%
Examples of voting rights
A maatschap (professional partnership) has 3 partners, all of whom can cast 33.3% of the votes. The partnership agreement states that changes to the agreement are made by unanimous vote. In this example, the 3 partners are UBOs.
A CV (limited partnership) has 2 managing partners (who make decisions) and 2 limited partners (who provide money/assets). The limited partnership agreement states that the agreement is amended by unanimous vote. In this example, the 4 partners are not UBOs, as they each have no more than 25% of the votes. Of course, it is possible that the partners are UBOs for another reason. Therefore, always check all interests in the overview.
3. Persons with effective control through other means, but who are not a partner
Sometimes someone has a lot of influence in an organisation in another way. This is also called de facto control. These people must also register as UBOs. When submitting the UBO report, clearly state how this person influences the organisation.
Example of effective control
Donor Z of interest group G finances the organisation. Donor Z has no formal role in the organisation, but fulfils a role as an external stakeholder. In this example, donor Z is a UBO.
Do none of these interests apply?
In that case, you register all managing directors as the organisation’s UBOs. You can only do so if these directors are registered in the Business Register as statutory directors, partners (vennoot or maat), or shipping company members. You do not register them on the basis of having a stake in the organisation, but because they have the function of director.
Are there UBOs with more than 1 interest?
Then check the list of interests above and start at number 1. Choose the first interest that applies to the people in your organisation. You must then register the UBOs for that interest.
On to the next step?
This page is part of the UBO report preparation pages. If you want to start over, you can go back to the starting page.