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From 15 May new provisions on the register of beneficial owners

On 5 May 2021 The Ministry of Finance has prepared a draft regulation on the designation of the National Tax Administration body for the performance of certain tasks of the competent authority in matters of the Central Register of Real Beneficiaries.

On 5 May 2021 The Ministry of Finance has prepared a draft regulation on the designation of the National Tax Administration body for the performance of certain tasks of the competent authority in matters of the Central Register of Real Beneficiaries.

On 5 May 2021 The Ministry of Finance has prepared a draft regulation on the designation of the National Tax Administration body for the performance of certain tasks of the competent authority in matters of the Central Register of Real Beneficiaries.

The Central Register of Real Beneficiaries (CRBR, hereinafter as the Register) is a system by which information on beneficial owners is collected and processed. Such beneficiaries are all natural persons exercising direct or indirect control of the company. The register was created to counter money laundering and terrorist financing.

Director of the Chamber of Tax Administration in Bydgoszcz managing the Register

To date, under the Law of 30 March 2021 amending the anti-money laundering and terrorist financing Act and some other laws (Journal of Laws of 2021, item 815, hereafter as the Act), the Minister of Finance could appoint a KAS body to carry out the tasks of the competent authority in the matters of the CRBR. He did it by order.

On 5 May 2021 The Ministry of Finance has prepared a draft regulation on the designation of the National Tax Administration body for the performance of certain tasks of the competent authority in matters of the Central Register of Real Beneficiaries. Under the regulation, duties related to the register will rest on the Director of the Chamber of Tax Administration in Bydgoszcz.

Powers of the Director of the Bydgoszcz Chamber of Tax Administration

New will be the power to impose fines by decision of the Director of the Bydgoszcz Chamber of Tax Administration. The imposition of fines describes Article 153 Anti-money laundering and terrorist financing laws.

We read in it that

are subject to a fine of up to 1,000,000 PLN companies listed under Article 58 that law which has not complied with the obligation to notify the information in question under Article 59 Act, within the time limit specified in the Act,

is subject to a fine of up to 10,000 PLN. the natural person concerned under Article 129 Act which:

(a) by section 1 does not comply with the obligation to provide a certificate that it has not been convicted by a final judgment for intentional offence or intentional offence fiscal criminal offence,

(b) by section 1a, does not comply with the obligation to provide a document demonstrating compliance with the condition referred to in that provision.

The Director of the Chamber of Tax Administration is also to develop statistical analyses on information processed in the Register in accordance with the Regulation. They are to be used to create a National Money Laundering Risk Assessment and to finance terrorism.

The new rules will apply from 15 May 2021

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