Summary
· Statistics show many registered companies, including financial institutions, have not yet submitted information about beneficial owners to Brela
Dar es Salaam. The Business Registration and Licensing Agency (Brela)
has urged banks and financial institutions to collect and provide beneficial
owners’ information to prevent tax evasion, money laundering and acts
associated with terrorism financing.
A beneficial owner is a person, who
directly or indirectly owns or exercises substantial control over an entity or
an arrangement;
According to Brela, the requirement
was in line with the amendments to the Business Names Act, Chapter 213 – as
approved through the Finance Act, 2022.
It aims to compel, among other
things, the owners of business partnerships to submit beneficial owners’
information to the registrar of business names.
Brela’s acting director general, Mr
Isdor Nkindi said during a workshop for banking and financial institutions
yesterday that it was important for people to understand that the amendments
require all registered companies in the country to submit information about the
people involved in the ownership.
“This applies even to those that are
not directly listed in the company's memorandum of association but benefit from
the firm’s operations,” he said.
He said going against the law or
submitting incorrect information would attract legal action.
“Since the concept is new to many,
we are currently encouraging people to implement the law voluntarily and
continue to provide education to the relevant groups,” he said, noting that
time will come when the authorities responsible for the implementation of the
law will start taking action.
Mr Nkindi said that they have seen
the need to provide such education to banks since they are also involved in the
storage of information of people and companies.
Opening the workshop, Ilala District
Commissioner, Mr Edward Mpogolo said statistics show that until now some
companies have not yet submitted information about the beneficial owners.
He said it was important for the
information to be submitted to Brela to prevent some people who have been
misusing the companies by engaging in tax evasion and money laundering.
“The intention of the government is
to make this law is to collaborate with financial institutions to reveal all
that is happening behind the scenes, with this law all company information will
now be visible and there will be no fraud,” said Mpogolo.
The chief executive officer for
Tanzania Bankers Association, Ms Tuse Joune said it was their responsibility as
banking institutions to legally implement the law to help make known the owners
of the relevant company and thus help control financial crimes including money
laundering.
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