Obligation of Investment Funds to register the UBO information in Cyprus

Following the announcement published by the Department of Registrar of Companies and Intellectual Property (RoC) of the Ministry of Energy, Commerce and Industry of the Republic of Cyprus on 11^th February 2022, regarding the obligation to register the ultimate beneficial owners’ (UBOs) information in the Beneficial Ownership Register (BO Register) in Cyprus for Investment Funds[1], RoC published an additional announcement on 9^th December 2022 clarifying the filing requirements, as follows:

• The first registration of UBO data for the Investment Funds will be based on the calculation of the latest Net Asset Value (NAV) of both management shares and investment shares.
• The date of submission of the UBO information is considered as the date of registration (as opposed to the date of becoming the UBO, unless these dates are the same).
• Investment Funds that were established before 12^th March 2021 must submit the UBO data during the interim solution.[2]
• Investment funds that were established after 12^th March 2021 must submit the UBO data within 30 days from the date of their establishment.
• Investment Funds must notify the RoC regarding any changes with respect to the UBO information within 14 days from the official calculation of the NAV as referred to the RoC announcement dated 11^th February 2022.[3]

For more information, please contact us via email at [email protected]

[1] The term Investment Funds includes the entities that are registered with the RoC as Undertakings for Collective Investment (UCI), i.e. i) UCITS – Undertakings for Collective Investment in Transferable Securities; ii) AIF – Alternative Investment Fund; iii) AIFLNP – Alternative Investment Fund with a Limited Number of Persons; iv) RAIF – Registered Alternative Investment Funds.

[2] As per the RoC’s announcement published on 25th July 2022, the duration of the interim solution will continue beyond 31st July 2022 until the implementation of the final solution.

[3] Investment Funds must notify the RoC of any changes with respect to the UBOs within 14 days from the official calculation of NAV: i) if an Investment Fund calculates the NAV on a quarterly basis, then every quarter it should notify the changes with respect to its UBOs, if any, in the BO Register; ii) in case of an ad hoc NAV calculation, at any given time, and within 14 days from the said calculation, a relevant notification should be made to the BO Register, of the changes, if any, to the information with respect to the UBOs already registered.