Reporting of Discrepancies to the Register-Keeping Body

(1) Obliged entities under section 23(1), first sentence, no. 2 shall report to the register-keeping body without delay any discrepancies they establish between the information on beneficial owners accessible in the Transparency Register and the information and findings on beneficial owners available to them. Section 43(2) applies correspondingly. The supervisory authorities, the authority under section 25(6) and under section 56(5), second sentence, and the Financial Intelligence Unit are subject to the obligation under the first sentence, insofar as this does not impair the performance of the authorities' tasks. A discrepancy under the first sentence exists where entries under section 20(1) and under section 21(1) and (2) are missing, individual items of information on beneficial owners under section 19(1) differ, or differing beneficial owners have been established. The determination of the beneficial owners underlying the discrepancy report shall be made in accordance with section 3.
(2) The register-keeping body shall establish, clearly visible on the website of the Transparency Register, an arrangement by which discrepancy reports under subsection (1) may be made.
(3) The register-keeping body shall examine the discrepancy report under subsection (1) without delay. For this purpose it may require the person filing the discrepancy report, the association concerned under section 20, or the legal arrangement under section 21, to provide the information and documents necessary for clarification.
(3a) In the course of examining the discrepancy report, the register-keeping body shall, on the basis of the information available in the other registers and the information and documents obtained as a result of enquiries under subsection (3), prepare ownership and control structure overviews of the association concerned under section 20 or the legal arrangement under section 21, insofar as this is necessary in the individual case to examine the discrepancy report. It shall retain these overviews until the expiry of two years after the dissolution of the association under section 20 or the legal arrangement under section 21 and shall delete them thereafter. The ownership and control structure overview does not become part of the entry in the Transparency Register. The ownership and control structure overviews should reflect the state of affairs existing at the conclusion of the examination of the discrepancy report.
(4) The register-keeping body shall hand over the discrepancy report, with all necessary documents, to the authority under section 56(5), second sentence, within the scope of its responsibility for the prosecution of regulatory offences under section 56(1), first sentence, nos. 54 to 66, where 1. it reaches the conclusion that the information on the beneficial owner contained in the Transparency Register is not accurate, or 2. it was unable to complete the examination of the discrepancy report on account of an unclear factual situation.
(5) The register-keeping body shall, without delay after completing the examination, transmit to the person filing the discrepancy report the information on the beneficial owner within the meaning of section 19(1) that it has established. In doing so the ownership and control structure overviews under subsection (3a) shall also be transmitted to the person filing the report. The ownership and control structure overviews may be used by the person filing the report exclusively for the purpose of fulfilling that person's own due diligence obligations, and may not be passed on. The procedure for examining the discrepancy report is deemed complete where the register-keeping body or the authority under section 56(5), second sentence has, on the basis of the findings obtained under subsection (3) or on the basis of a new or corrective notification from the association under section 20 or the legal arrangement under section 21 that is the subject of the discrepancy report, reached the conclusion that the discrepancy has been resolved.
(6) On receipt of the discrepancy report under subsection (1), the register-keeping body shall note visibly on the register extract that the information on the beneficial owners of the association under section 20 or the legal arrangement under section 21 is subject to examination. The conclusion of the procedure for examining the discrepancy report shall be noted on the register extract.