Section 25A: Register of beneficial owners
This section is inserted by The Anti-money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act, section 5.
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
25A. Register of beneficial owners
(1) Every society shall, at all times, keep and maintain at its
registered office accurate, adequate and up to date information on its beneficial
owners in a register of beneficial owners.
(2) The register of beneficial owners shall be open for inspection
free of charge and at all reasonable times by –
(a) the supervising officer or his representative;
(b) its members;
(c) the Registrar and his officers;
(d) the Principal Co-operative Auditor and his officers;
(e) the auditor of the society; and
(f) competent authorities.
(3) Every society which fails to comply with this section shall commit
an offence and shall, on conviction, be liable to a fine not exceeding 100,000
rupees.
(4) In this section –
“beneficial owner”, in relation to a society, means –
(a) any natural person who ultimately exercises substantial
control, whether directly or indirectly, over the society;
(b) all natural persons forming part of the board of directors
of the society; or
(c) all natural persons acting in the capacity of executive
officer of the society,
whether or not such person has an ownership interest in the
society;
“competent authorities” has the same meaning as in the
Financial Crimes Commission Act 2023;
“substantial control”, in relation to a society –
(a) means the ability of a natural person, whether exercised
directly or indirectly, and whether alone or jointly with
another natural person, to exercise decisive influence
over the management, policy or strategic direction of the
society; and
(b) includes the power to direct, determine or significantly
influence decisions relating to the business practices,
financial policies or general operations of the society.
(c) in section 79B, by adding the following new subsection –
(5) The Registrar may undertake outreach and educational
programmes to raise and deepen awareness among credit unions of their
duties and responsibilities under this Act and any other applicable Act, as he
considers appropriate.
(d) in the Second Schedule, by adding the following new part –
PART XIII – ANTI-MONEY LAUNDERING, COMBATTING THE
FINANCING OF TERRORISM AND PROLIFERATION
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Questions this section answers
- Does my co-operative society have to keep a register of who really owns or controls it?
- Who is allowed to inspect a co-operative society's beneficial ownership register?
- What happens if my co-operative society doesn't keep this register?
- Who counts as a 'beneficial owner' of a co-operative society under this law?