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.
Examples of documents to include if this stake applies
Part of the organisational contract (such as the professional partnership contract) or organisation chart that applies to the UBO. An organisation chart is a schematic rendition of the organisational structure of the group of partnerships your organisation is part of.