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Beneficial Owner

Brokers & Regulation

The person who ultimately owns or controls an account, as distinct from the name on it — and why a firm must identify them before opening it.

A beneficial owner is the natural person who ultimately owns or controls an account, as distinct from whoever is named on it. For an account in an individual's own name the two are usually the same person, and the concept only starts doing work when they are not: a company account, an account held through a trust or a partnership, or an individual account that someone else in fact directs. The reason a firm asks is that anti-money-laundering obligations attach to the person behind the arrangement rather than to the name on the form, so the checks are run on that person and the account cannot be opened until they are complete. Two consequences follow for anyone opening something other than a plain personal account. The documents required reach past the entity to its ownership chain, which takes longer to assemble than an identity document. And an account whose named holder is not the person actually directing it is a misdescription rather than a technicality, because the declaration made at onboarding is one of the statements a client agreement treats as a warranty.

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