The annual confirmation of the RCBE data must be made until December 31, 2022, if there is any update of the information contained in the RCBE must change it within 30 days of the incident. If in the same year you made a change , there is no need to make the confirmation. The annual confirmation can be submitted with the simplified Business Information (IES), with reference to the previous calendar year, or by submitting an update statement, on the RCBE page.

You should consult your lawyer, solicitor or notary to carry out this obligation. If you are a manager or administrator, you can also confirm or update the information in the RCBE. We remind you that any change of address, renewal of the validity of the identification document, modification of the entity's data or others are subject to update after 30 days of the incident.

What is RCBE?

The acronym RCBE stands for Central Register of Beneficial Ownership (in portuguese language) and is an obligation that states who the beneficial owners are. In this sense, the following are considered to be beneficial owners all those who control, through shareholdings or other means provided for in article 30 of Law 83/2017, of August 18, a company, business entity, civil society, cooperative, association, foundation, fund or a trust. Para que sejam evitadas fraudes foi criada esta declaração para que seja obrigatório identificar os beneficiários efetivos da organização.

Esta declaração é requested 30 days after the commercial registration, that is, after a company has been created and must be updated whenever there is any change in the information contained in this statement. Penalties for non-compliance include, in addition to fines of up to €50.000, the impediment to compete for the concession of public services or to benefit from the support of European funds.

Como fazer a confirmação anual do RCBE passo a passo

To complete the RCBE, you must go here and follow the following steps:

Choose the "fill in declaration".

Step 1 EBRD

 

Authentication of the declarant (citizen card or digital mobile key or, if the declaration is made by lawyer, solicitor or notary professional digital certificate). professional).

Step 2 EBRD

Choose – “Pessoa Coletiva”.Collective Person".

Step 3 EBSR Note: The Form "Another" is intended for condominiums, party commissions and also for associations without legal personality, for example.

 

Identify the declarant (the board member, the legal representative, who is making the declaration). If the declaration is made by a lawyer, solicitor or notary is the identification of the professional.

Step 4 EBSR

 

Identify the entity.

Step 5 EBRD

Identify the members of the management bodies of the entity to which the declaration being made relates (e.g. Directors).

If any of the persons to be identified is the declarant, the person already identified may be chosen to avoid repeating the completion of the data. After selecting the name in the combo box, you must click on the "Add Member".

Step 6 EBSR

To add people, you must click "add member". Step 6 EBSR

Identify beneficial owners.

If any of the people to be identified have already been previously identified, this person can be selected, to avoid repeating the completion of the data. After selecting the name in the combo box, you must click on the "Add Beneficiary".

Step 7 EBRD

To add people, you must click "add Beneficiary".

Step 7 EBRD

Indicate the why the beneficial owner is identified as such.

Step 8 EBSR

 

Como fazer a atualização dos dados do RCBE?

To change or correct previous statements, you must access here and follow the following steps:

  1. Choose "Fill in declaration
  2. Authenticate with (CC/CMD or professional certificates)
  3. Choose "Update/Amendment
  4. Search the entity and enter the RCBE code received at the time of submission of the previous statement, or if it is the same declarant it will be enough to indicate that it has no RCBE code.

Note: The identification of the holders of the shareholdings / partners and of the managers / administrators / directors who are not Effective Beneficiaries is no longer included in the RCBE declaration, so it is not mandatory to update these elements.

 

Porque é tão importante fazer a atualização do RCBE?

Muitos empresários questionam-se sobre a necessidade de terem a informação atualizada do RCBE. A verdade é que a não atualização da informação presente no RCBE corresponde a uma coima que pode ir de 1.000€ e 50.000€. Para além disto, sem a declaração atualizada do RCBE, a entidade não poderá:

  • possuir a situação tributária regularizada,
  • celebrar ou renovar contratos,
  • aceder a fundos europeus,
  • distribuir lucros do exercício,
  • fazer adiantamentos sobre lucros no decurso do exercício,
  • ser voluntariamente extinta ou dissolvida.

 

Source: IRN

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