Bahamas Introduces Strict Beneficial Ownership Rules
Strengthening Financial Integrity
In a move to combat money laundering and enhance its reputation as a reputable financial hub, the Bahamas government has introduced strict rules governing beneficial ownership. The Register of Beneficial Ownership Act 2018 has been amended by subsequent legislation in 2019 and 2020, requiring all legal entities registered in the country to disclose their beneficial owners.
What are Beneficial Owners?
- A beneficial owner is any individual who owns or controls more than 25% of the shares or voting rights in an entity
- Has the right to appoint or remove the majority of the board of directors
Entities Required to Comply
The following entities must file beneficial ownership information with the Registrar General within 15 days:
- Companies incorporated under the Companies Act
- International Business Companies registered under the International Business Companies Act
- Partnerships established under the Partnership Act or the Partnership Limited Liability Act
- Exempted Limited Partnerships registered under the Exempted Limited Partnership Act
- Segregated Accounts Companies incorporated under the Segregated Accounts Companies Act
Information Required to Be Disclosed
Entities must disclose the following information about their beneficial owners:
- Full name and passport details
- Residential address and, if different, an address for service of notices
- Country of ordinary residence or domicile
- Date of birth
- Nationality information
Consequences of Non-Compliance
Failure to comply with the beneficial ownership requirements is a serious offense. Entities that fail to disclose their beneficial owners may face:
- A fine not exceeding $40,000 or imprisonment for up to six months on summary conviction
- A fine not exceeding $250,000 or imprisonment for up to five years on conviction on indictment
How to Comply
Beneficial Ownership Information Forms can be downloaded from the Office of the Attorney-General’s website. Completed forms should be submitted via email to BOCOMPLIANCE@BAHAMAS.GOV.BS.
The Bahamas government is taking a strong stance against money laundering and financial crime, and these new rules are an important step towards ensuring transparency and accountability in the country’s financial sector.