Access Register Companies

Unrestricted Access

The following shall have the right to inspect the central register –

• a member of the Garda Siochana, not below the rank of inspector, who is engaged in the prevention, detection or investigation of possible money laundering or terrorist financing,
• a member of FIU Ireland within the meaning of Part 4 of the Act of 2010,
• an officer of the Revenue Commissioners, holding a position, not below that of a Higher Executive Officer,
• an officer of the Criminal Assets Bureau, holding a rank, not below the rank of inspector in the Garda Siochana, or holding a position not below that of Higher Executive Officer.

Garda Access

The right referred shall not be exercised –

• by a member of the Garda Siochana, unless he or she has been authorised to exercise the right by a member of the Garda Siochana, not below the rank of superintendent,
• by a member of FIU Ireland, unless he or she has been authorised to exercise the right by a member of the Garda Siochana, not below the rank of superintendent,
• by a specified officer of the Revenue Commissioners, unless he or she has been authorised to exercise the right by an officer of the Revenue Commissioners, holding a position not below that of Principal Officer, or
• by an officer of the Criminal Assets Bureau unless he or she has been authorised to exercise the right by a member of the Garda Siochana, not below the rank of superintendent.

Regulator Access

A member, a member of staff or an officer of a regulator who is engaged in the prevention, detection or investigation of possible money laundering or terrorist financing shall have the right to inspect the central register.

This right shall not be exercised by a “relevant regulator” unless he or she holds a position not below that of a Higher Executive Officer and has been authorised to exercise the right by a member or member of staff or, as the case may be, an officer of the relevant regulator concerned, holding a position not below that of Principal Officer.

The right shall not be exercised by a member or member of staff of –

• the Law Society of Ireland,
• the General Council of the Bar of Ireland, or
• a designated accountancy body (within the meaning of Part 4 of the Act of 2010),

unless he or she is a person designated by the President of the Law Society of Ireland, the chairperson of the General Council of the Bar of Ireland or the chief executive of (or a person holding an equivalent position in) the designated accountancy body, as the case may be, to be a person authorised to exercise the right.

An inspector appointed under the Companies Act 2014 shall have the right to inspect the central register.

Access

On there being made of the Registrar a request for inspection of the central register, the Registrar shall afford the maker of the request access, in a timely manner, to the register.

The Registrar shall, neither during the taking of the steps to afford the maker the access nor afterwards, alert any company concerned to the fact of such access having been afforded.

Onward Disclosure

Each of the following:

• the Garda Siochana.
• the Revenue Commissioners;
• a regulator;
• the Criminal Assets Bureau,

may disclose the information in the central register to any corresponding regulator of another Member State (a “corresponding authority”); in the event of there being a request made of a body or other person) by a corresponding authority for disclosure of such information, the request shall be complied with in a timely manner.

Restricted Access – Designated Business

Restricted access to beneficial ownership information in central register

When –

• a company enters into an occasional transaction with a designated business (subject to money laundering obligations), or forms a business relationship with a designated business, or
• a designated business is taking customer due diligence measures in accordance with Part 4 of the Act of 2010 in relation to a company,

the designated business shall, subject to the following, have a right of access to the following information in the central register that relates to the company:

• the name, the month and year of birth and the country of residence and nationality of each beneficial owner of it; and
• a statement of the nature and extent of the interest held, or the nature and extent of control exercised, by each such beneficial owner,

and that access shall be afforded in a timely manner.

The information obtained by a designated business by means of access to the central register shall not be relied upon exclusively by the designated business to fulfil the designated business’s duty to apply customer due diligence measures under Part 4 of the Act of 2010 (which duty shall be fulfilled by using a risk-based approach).

Other Party Access

A member of the public may, subject to the below conditions, inspect the following information in the central register that relates to any company:

• the name, the month and year of birth and the country of residence and nationality of each beneficial owner of it; and
• a statement of the nature and extent of the interest held or the nature and extent of control exercised by each such beneficial owner.

The Data Protection Act 2018 (No.7 of 2018) shall apply to the access that the Registrar affords to a designated business and any member of the public in respect of the information in the central register that relates to a company.

Where a designated business or a member of the public seeks to have access to, or to inspect, any information in the central register so far as such information relates to a minor who is a beneficial owner of a company, the Registrar shall request the designated business or member of the public to provide, in writing, to the Registrar a summary of the grounds on which he or she considers it is in the public interest that that information be disclosed to him or her.

If the designated business or the member of the public refuses or fails to comply with that request, or unless the Registrar, having considered such a written summary provided to the Registrar, is of the opinion that there are substantial grounds for the contention of the foregoing person that it is in the public interest that the information be disclosed to him or her, the designated business or member of the public shall not be permitted by the Registrar to have access to, or to inspect, any information in the central register so far as such information relates to the minor concerned.

Obligations re Discrepancies

If any of the following:

• the Garda Siochana;
• the Revenue Commissioners;
• a regulator;
• the Criminal Assets Bureau,

forms the opinion that there is a discrepancy between the information in the central register and the beneficial ownership information as it relates to any company available to, as the case may be, the Garda Siochana, the Revenue Commissioners or other foregoing authority or bureau (each of which is referred to in this Regulation as a “relevant person”).

To the extent that the doing of the following does not interfere unnecessarily with the performance of the relevant person’s functions, then the relevant person shall deliver, in a timely manner, to the Registrar, in such manner as the Registrar determines, notice of that opinion, specifying the particulars as respects which the foregoing discrepancy exists.

On receipt of the foregoing notice, the Registrar shall if the Registrar considers it appropriate to do so, make an entry in the relevant place in the central register which states that the notice has been received and specifies the particulars as respects which the foregoing discrepancy exists, and serve a notice on the company concerned.

The notice shall states that the foregoing notice has been received, and specify the particulars as respects which the foregoing discrepancy exists, and requests the company to deliver to the Registrar, within a period specified in the notice and in such manner as the Registrar determines –

• a submission as to why the company considers the opinion of the relevant person concerned not to be well-founded, or
• if the company considers the opinion of the relevant person concerned to be well founded, such amended particulars (for entry in the central register) as are required where the company is satisfied that the delivery of such is the appropriate means by which the discrepancy can be resolved,

and such a request shall be complied with by the company accordingly.

Fees

The Registrar may require any of the non-governmental persons to pay to the Registrar a fee of such an amount as the Registrar may determine in respect of the access afforded to the central register. The  amount of a fee required to be paid shall not exceed the administrative cost incurred in affording access to the information concerned.