Public Register

Status: Ongoing

This commitment has no defined end date and there is evidence that activity has started.

Jordan commit to exploring public central registers of companies beneficial ownership information.

The Concerned Authorities:

Integrity and Anti-Corruption Commission, Anti-Money Laundering and Terrorist Financing Unit, Companies Control Department, The Prime Minister -Government Achievement Unit.

Beneficial Ownership is a legal system based on the type and form of ownership of companies so that there is a person called the utilitarian owner of the company’s benefits such as real estate and securities without being registered in his/her name but in the name of another person called “nominal owner”. The “utilitarian owner” has all the benefits of ownership except the disposal of the assets.

Evidence

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The Current situation:

      1. Anti-Money Laundering and Counter-Terrorism Financing Law: The Anti-Money Laundering and Counter-Terrorism Financing Law’s Amendments No. (46) for the year 2007: identified the beneficial owner and mentioned the necessity of relevant government entities to do the maximum effort to identify the beneficial owner of the  assets in articles 14 and 6 of the same law.

     2. Instructions and regulations related to the Anti-money laundering and counter terrorist financing law.

2.1 The Anti-money laundering and counter terrorism financing law instructions for Securities activities of 2010.

2.2 Anti-money laundering and counter terrorist financing instructions for licensed real estate offices of 2018.1

2.3 Anti-money laundering and counter terrorist financing instructions for agencies providing postal services No. 2 of 2018.

2.4 Jordanian Trade Law No. 12 of 1966, in which Article 11 stipulates that: “Anyone who advertises in newspapers, bulletins, or any other medium on the place that he established and opened to engage in commercial business is considered a merchant, and if the trade does not take a profession familiar to him”. If a person trades a trade under a pseudonym or disguised behind another person, then it is considered a merchant if it is considered the real merchant and the legal implications of this trait.

2.5 Procedures taken by the Companies Control Department to identify and raise awareness beneficial ownership and beneficial owners.

Recommendations:

       1. Create a central registry of utilitarian ownership – the real beneficiary – in the money-laundering unit of the central bank, as it is concerned and in accordance with the Anti-Money Laundering and Terrorist Financing Law of 2007 to follow up on the implementation of everything related to the real beneficiary, and that it take charge of monitoring companies and the record of charities and any governmental agencies or private institutions Like associations – by providing the unit with information and data about the real beneficiary of its activities.

      2. Reviewing legislation related to utilitarian ownership, such as companies and banks, money laundering and combating terrorism if necessary, and in a manner consistent with the implementation of that commitment, taking into consideration the principles of privacy and banking secrecy, whereby implementing the obligation requires information related to what the real beneficiary has, especially bank accounts.

     3. Being acquainted with best practices and experiences of countries that have complied with the decisions and have put in place the necessary mechanisms to implement that commitment.