Rejestr beneficjentów rzeczywistych w Polsce i w Niemczech

The register of beneficial owners, in accordance with provisions of Directive 849/2015, is an important element of the legal order in both Poland and Germany. Its importance has been strengthened by the threat of severe sanctions, both on the part of entities obliged to disclose data in register, as well as other participants of entities which are obliged by law to report infringements, including notaries (obliged institutions). As a natural consequence of the fact that the regulations being compared are an implementation of a common EU directive, the Polish and German regulations described are characterized by a number of similarities. The effectiveness of these provisions as well as the practice of the sanctions applied can be evaluated in the long term. In the compared areas concerning the register of beneficial owners in both countries, there is a significantly easier access to the data collected in Poland, without the need to demonstrate any legal interest in this area. Moreover, in Poland - unlike in Germany - in relation to many individuals, whose data are already disclosed in the register of entrepreneurs (members of representation bodies, partners), the notification obligation has been duplicated, thus adding another obligation to entrepreneurs.