In a cv, vof, or maatschap (limited, general, or professional partnership), or in an EEIG or 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.
Who are the stakeholders in your organisation?
Persons who are entitled to more than 25% of the capital can be designated as UBOs. Make a note to which percentage of the capital the UBO is entitled:
- 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 general partnership (vof), and have entered into their partnership agreement that their contribution is €100,000 each. The contract specifies that the labour remuneration and the profits shall be divided 50/50. Both partners are entitled to 50% of the capital, so both are UBOs in this example.
Persons who have over 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 partnership ('maatschap') 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 limited partnership (cv) has 2 managing partners and 2 limited partners. The limited partnership agreement states that the agreement is amended by unanimous vote. The 4 partners are no UBOs in this example, as they each have no more than 25% of the votes.
A limited partnership (cv) has a managing partner (bv A, a private limited company) and a limited partner. Bv A has a statutory director X. The limited partnership agreement states that changes to the agreement are made by unanimous vote. Director X of bv A and the limited partner are both UBOs in this example, because they each have 50% of the votes.
These people have effective control based on other circumstances and can be considered UBOs.
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.
In that case, you register all managing directors as the organisation’s UBOs. You can only do so if these managers 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.
Then choose the first interest that applies from the list on this page.
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.