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Beneficial Ownership in Nauru: A Summary
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Beneficial ownership refers to individuals who ultimately control, own, or benefit from a legal entity such as a corporation, partnership, or trust. According to the FATF Standards, beneficial owners must be identified for the purposes of registration and compliance with anti-money laundering (AML) regulations.
Defining Beneficial Owners in Nauru
In Nauru, beneficial ownership is defined under the Trusts Act 2018 as:
- A natural person who has ultimate control, directly or indirectly, over a trust.
- A natural person who ultimately owns, directly or indirectly, a trust.
- A settlor who creates a trust on behalf of another person.
- A person who conducts transactions on behalf of a trust.
Identifying Beneficial Owners
The FATF and Nauruan laws provide several means to identify beneficial owners for trusts:
- A trustee, trustee de son tort, or similar position as trustee.
- A settlor who retains control over the trust or uses beneficiaries to manage and control the trust.
- A protector who exercises power over the terms of a trust.
- Beneficiaries or classes of beneficiaries who have influence on decision-making.
Who are Considered Beneficial Owners in Nauru?
According to the Trusts Act 2018 and FATF Standards, the following individuals are considered beneficial owners in Nauru:
- A trustee, trustee de son tort, or similar position as trustee.
- A settlor who retains control over the trust or uses beneficiaries to manage and control the trust.
- A protector who exercises power over the terms of a trust.
- Beneficiaries or classes of beneficiaries who have influence on decision-making.
These individuals are considered beneficial owners because they ultimately control, own, or benefit from the trust.