Understanding beneficial ownership: Key insights for compliance

Written by Editor | Nov 14, 2024 1:25:51 PM

By Eldré De Swart

In today’s regulatory environment, beneficial ownership has emerged as a crucial area for businesses around the world and a critical area of focus for South African businesses as regulatory authorities prioritise transparency in corporate ownership and control. With the introduction of new requirements by the Companies and Intellectual Property Commission (CIPC), companies must ensure they accurately disclose information on beneficial owners to remain compliant. 

Beneficial ownership refers to individuals who ultimately control, own or benefit from a company, even if they are not the officially registered shareholders. This concept highlights the true influencers behind an entity, such as individuals who indirectly control significant shares or voting rights she adds. Beneficial owners may not appear on formal records but still hold the power to make decisions, receive financial benefits, or influence company policies.

The drive to disclose beneficial ownership is part of a global effort to combat financial crimes like money laundering, tax evasion and corruption. When companies provide accurate information about who controls and benefits from their activities, regulatory bodies can better identify and prevent potential misuse of corporate structures. In South Africa, enhanced transparency requirements improve market integrity and reinforce investor trust by allowing stakeholders to understand who truly controls a business.