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c) Central Bank Shareholders ´ Registry declaration: this is an OECD - Financial Action Task Force mandated legislation: Law to enforce Fiscal Fraud number 9416 of DECEMBER 2016, which created a digital record of the identity of the final Beneficiary owners or shareholders of any legal or juridical entity, like LLC or corporation, civil partnership, association, foundation, or trust domiciled in Costa Rica. The declaration must be done since the year 2019, to a special depository section of the CR Central Bank, which is the bank that prints money and has a safe vault, where the server is: www.centraldirecto.fi.cr; the procedure has to be done, digitally, by the company legal representative (president or manager) or a Proxy through a tax power of attorney, which is granted before a CR Notary Public protocol book of indentures and recorded, on a case basis, with the Central Bank section by the Notary. The
declaration must attest the data is issued, based upon the records of the company ´ s Shareholders ´ Registry book which is the only legal record of the identity of the shareholders or Beneficiary owners (pursuant to article 140 of the CR Code of Commerce). If the shareholders are foreign or offshore entities, then their respective shareholders need to be disclosed or their respective legal representatives are presumed to be the shareholders. The only two exclusions of the law are foreign holding entities that are publicly traded companies or based in a jurisdiction where “bearer” shares
operate, in which case the CR legal representatives are presumed to be the shareholders. The only possible legal uses for this data are for anti money laundering law and tax law enforcement, under the request of a jurisdiction authority like a Tax or Criminal court, under the due process of law. There are criminal, civil, and administrative penalties for the clerks who access, share, disclose or disseminate this information illegitimately. Thus, this information cannot be accessed nor used for civil, commercial or divorce judicial proceedings, as their nature would be of illegal evidence.
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