
The JFSC has issued its guidance notes on accessing its Obliged Entity Beneficial Owner Register (OEBO Register)
23/02/2025
OVERVIEW
The JFSC guidance notes on accessing its Obliged Entity Beneficial Owner Register (OEBO Register)
The JFSC has issued guidance following AMENDMENTS to the FINANCIAL SERVICES (DISCLOSURE AND PROVISION OF INFORMATION) (JERSEY) LAW (DPI LAW) and REGULATIONS (DPI REGS)
The relevant legislation and amendments are:-
- Financial Services (Disclosure And Provision Of Information) (Jersey) Law (DPI LAW) = https://www.jerseylaw.je/laws/current/l_7_2020
- Financial Services (Disclosure and Provision of Information) (Jersey) Regulations 2020 (DPI REGS) = https://www.jerseylaw.je/laws/current/ro_138_2020
- Financial Services (Disclosure and Provision of Information) (Jersey) Amendment Law 2025 = https://www.jerseylaw.je/laws/enacted/Pages/L-02-2025.aspx
The result of the amendments is:-
- ONLY specific permitted individuals within Jersey OBLIGED ENTITIES AND THEIR REPRESENTATIVES (ACCESSING PARTIES) will be allowed to access the OBLIGED ENTITY BENEFICIAL OWNER (OEBO) REGISTER through myJFSC.
- A REPRESENTATIVE may include an anti-money laundering service provider (AMLSP) or a person appointed by the relevant person to assist with the RELEVANT PERSON'S CDD obligations under the Money Laundering Order (MLO))
Access to the OEBO register:-
- From 24 February, THE LEAD OBLIGED ENTITY ADMINISTRATOR will be able to contact the JFSC to request their access and
- It will be strictly controlled, and measures have been put in place to prevent misuse of the register and
- The DPI Law provides for criminal penalties where AN ACCESSING PARTY accesses the personal data of beneficial owners or controllers of SIGNIFICANT PERSONS for purposes OTHER THAN to assist them in meeting the obliged entity obligations under the MLO.
Information from the OEBO register that may be made public by the commission:-
- According To DPI REGS 2 (2), the following will NEVER be available –
- Under the age of 18 years old.
- A significant person by virtue only of being a SECRETARY to a company; or
- A significant person by virtue only of holding a share in a company, ownership of which, under the articles of association of the company in which the share is held, confers a right of occupation of land in Jersey (as construed under Article 3(2) of the Taxation (Land Transactions) (Jersey) Law 2009).
- Further, the available data will be the personal data of individuals according to:-
- DPI REGS - [3] Information in a register that may be made public by the Commission
- DPI REGS - [4] Application to make certain information unavailable for public inspection
- Subject to 3 and 4, data will be available to an accessing party on the basis that:-
- Access to that information IS NOT made available to the public, and
- Must only be used by the OBLIGED ENTITY for specific purposes.
What data will be seen:-
- Subject to DPI REGS - [2,3+4], According to DPI REGS (2), the Information in the register to an OBLIGED ENTITY will be the following details of a BENEFICIAL OWNER OR CONTROLLER of a Jersey entity:
- Name and any former or other names by which the individual is or was known
- Address for correspondence
- Residential address
- Nationality
- Occupation
- Gender
- Date of birth
- Place and country of birth
CONCERNING the above, the JFSC has published guidance detailing to assist THE LEAD OBLIGED ENTITY ADMINISTRATOR and others; the contents cover:-
- An introduction to the legislation
- Who can apply for access and how to apply
- Role and responsibilities of the lead obliged entity administrator
- Searching capabilities of the OEBO register
- Regulation four and minors
- Results on the register
- Discrepancy reporting and markers
- The role of the JFSC Registry Supervision team in ensuring the register is used for legitimate purposes only
- Data protection and subject access requests
Read the JFSC guidance for accessing the Obliged Entity and Beneficial Owner register here:
NOTES:-
KEY LEGAL REFERENCES
- ACCESSING PARTY/IES
- The relevant person or their representative as defined in Article 8A of the Financial Services (Disclosure and Provision of Information) (Jersey) Law (DPI Law) https://www.jerseylaw.je/laws/current/l_7_2020
- BENEFICIAL OWNER
- Defined in Article 2 of the Financial Services (Disclosure and Provision of Information) (Jersey) Law (DPI Law) as ‘an individual who ultimately owns or controls ….’ https://www.jerseylaw.je/laws/current/l_7_2020
- CUSTOMER DUE DILIGENCE (CDD)
- As defined in Article 3 of the Money Laundering (Jersey) Order 2008 (MLO) https://www.jerseylaw.je/laws/current/ro_20_2008
- OBLIGED ENTITY
- Relevant person who is obliged to perform CDD and will be granted access to the OEBO register
- RELEVANT PERSON
- As defined in Article 1 of the Money Laundering (Jersey) Order 2008 (MLO) https://www.jerseylaw.je/laws/current/ro_20_2008
- SIGNIFICANT PERSONS of an entity
- As defined in Article 1 of the Financial Services (Disclosure and Provision of Information) (Jersey) Law (DPI Law) https://www.jerseylaw.je/laws/current/l_7_2020
KEY TERMS ARE AS FOLLOWS
- OBLIGED ENTITIES are referred to in the DPI Law as a "RELEVANT PERSON" or their REPRESENTATIVE
- A REPRESENTATIVE may include an anti-money laundering service provider (AMLSP) or a person appointed by the relevant person to assist with the RELEVANT PERSON'S CDD obligations under the Money Laundering Order (MLO))
- RELEVANT PERSON" or their REPRESENTATIVE will be known as an "ACCESSING PARTY".
SOURCE
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