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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Company Law · Menorca

Beneficial ownership certificate (acta de titularidad real)

Updated 17/07/2025

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A beneficial ownership certificate (acta de titularidad real) is a notarial document that officially records who the natural persons are who ultimately own or control a legal entity (companies, foundations, associations, etc.). This document is very important in the fight against money laundering, as it seeks to identify the beneficial owners of entities.

It is mandatory in many notarial transactions involving legal entities, and must be formalised by public deed or notarial record (acta) in order to comply with current legislation, particularly on the prevention of money laundering (Law 10/2010).

What is it for?

  • To identify the natural persons who exercise effective control over a company
  • To prevent unlawful activities such as money laundering and terrorist financing
  • To evidence the ownership structure to official bodies or third parties
  • To comply with the requirements of transparency regulations

What does the notary do?

  1. Requests documents evidencing the entity's ownership structure
  2. Analyses who the beneficial owners are in accordance with the law
  3. Drafts and authorises the beneficial ownership certificate with the relevant details
  4. May send the information to the Companies Registry (Registro Mercantil) or to the Register of Beneficial Ownership
  5. Keeps the certificate on file as evidence in the event of inspections or legal requests

Main features

  • The beneficial owner is the person who holds more than 25% of the capital or voting rights, or exercises control by other means
  • Mandatory for trading companies, associations, foundations, etc.
  • The information is based on statements made by the directors or legal representatives
  • It must be updated if there are changes in beneficial ownership

Important considerations

  • Companies must have their beneficial owners identified at all times
  • Failure to comply may lead to administrative penalties
  • It is a prerequisite for many notarial acts (powers of attorney, property sales, etc.)
  • Notaries also use this information for their due diligence obligations

The beneficial ownership certificate is a legally required instrument with full legal validity in the field of anti-money laundering. The notary's involvement guarantees the formal accuracy of its content, and its safekeeping allows the competent authorities to access it.

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Other services

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