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Legal Templates
Beneficial Owner Agreement

Beneficial Owner Agreement for Singapore

Beneficial Owner Agreement Template for Singapore

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What is a Beneficial Owner Agreement?

The Beneficial Owner Agreement is essential in Singapore's corporate landscape where transparency of ownership is increasingly important. This document is typically used when there's a need to formally separate legal and beneficial ownership of assets, shares, or property. It helps organizations comply with Singapore's regulatory requirements, including ACRA's registrable controllers regime and AML/CFT obligations. The agreement provides clear documentation of ownership structures, rights, and responsibilities, while ensuring compliance with local and international reporting standards.

What sections should be included in a Beneficial Owner Agreement?

1. Parties: Identification of all parties to the agreement

2. Background: Context and purpose of the beneficial ownership arrangement

3. Definitions: Key terms used throughout the agreement including relevant regulatory references

4. Declaration of Beneficial Ownership: Clear statement of beneficial ownership structure and percentage holdings

5. Rights and Obligations: Duties and responsibilities of beneficial owner including reporting obligations

6. Compliance Requirements: Regulatory compliance obligations including AML/CFT requirements

7. Term and Termination: Duration of the agreement and circumstances for termination

What sections are optional to include in a Beneficial Owner Agreement?

1. Trust Arrangements: Details of trust structure when beneficial ownership involves trust arrangements

2. Nominee Arrangements: Specific provisions governing nominee relationships and responsibilities

3. Foreign Ownership Provisions: Additional requirements and obligations for non-Singapore beneficial owners

What schedules should be included in a Beneficial Owner Agreement?

1. Schedule 1 - Beneficial Ownership Details: Detailed breakdown of beneficial ownership structure including shareholding percentages

2. Schedule 2 - Compliance Requirements: Detailed regulatory compliance obligations and reporting requirements

3. Appendix A - Supporting Documents: List of required supporting documentation and verification materials

4. Appendix B - Reporting Templates: Standard forms and templates for periodic regulatory reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Companies Act (Cap. 50): Primary legislation governing corporate entities in Singapore, particularly sections 386AG to 386AL which mandate the maintenance of registers of registrable controllers and requirements for beneficial ownership disclosure

Securities and Futures Act (Cap. 289): Legislation governing securities trading and ownership, including regulations on beneficial ownership of securities and disclosure requirements for substantial shareholders

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism requirements, including MAS Notice PSN01, covering customer due diligence and beneficial ownership identification requirements

Corporate Transparency Requirements: ACRA (Accounting and Corporate Regulatory Authority) requirements regarding filing and maintaining beneficial ownership information for corporate transparency

Trust Companies Act (Cap. 336): Legislation governing trust structures and companies, including requirements for trust companies and trustees in relation to beneficial ownership

Personal Data Protection Act 2012: Legislation governing the handling of personal data, including requirements for consent and disclosure when managing beneficial owners' personal information

Income Tax Act: Tax legislation including implications of beneficial ownership and Common Reporting Standard (CRS) requirements for tax reporting

International Agreements: Relevant international frameworks including FATCA compliance requirements and OECD guidelines on beneficial ownership reporting and transparency

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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