For a trust, searching for a percentage shareholder is insufficient. The law expressly includes specified roles and ultimate control; a foreign label alone does not determine the applicable Czech rules.
Establish the arrangement first
Determine legal nature, governing law, trustee and authority. Czech AML law also covers foreign arrangements similar to trusts in structure or function. Assess labels such as trust or foundation alongside actual organisation.
A trustee acting for a trust is not an ordinary commercial owner; verify identity and authority under the applicable rules. Obtain founding documents, relevant rules or other instruments defining governance and persons, rather than just an asset presentation.
Persons included by law
Section 6 of the Beneficial Ownership Register Act always also includes natural persons in specified roles: settlor, trustee, a relevant supervisory person entitled to appoint or remove trustees or beneficiaries, beneficiaries and, under the specified conditions, a person in whose main interest the arrangement was established or is administered.
Assess general ultimate control too. Where a role is held by a legal entity, the law looks through to its beneficial owners. A company in the “trustee” column is not necessarily the end of the checks.
Beneficiaries identified as a class
AML section 9(6) permits sufficient information for relevant beneficiaries designated by class or characteristics to establish identity when payment occurs or rights are exercised. This does not permit leaving the entire arrangement without an understanding of its persons.
Record how the class is defined, who can change it and which event triggers specific verification. Where a particular beneficiary is already designated and relevant information available, do not conceal them behind a generic class description.
Czech registration and foreign evidence
Czech registration duties depend on the connections in section 12 of the Beneficial Ownership Register Act. They concern the trustee’s residence, registered office or branch and, in specified cases, Czech administration, assets, real estate or relationships; an exception applies to registration in an equivalent register of another EU or EEA Member State. Not every foreign arrangement must register in Czechia.
Where registration duties apply, use the relevant register and another source. Assess foreign documents for legal meaning, currency and intelligibility. Translating a role’s label may not explain its powers. Connect persons, rights and evidence in a single ownership and control conclusion.
Practical steps
- Establish legal nature, governing law and representation.
- Map statutory roles and ultimate control.
- Look through legal-entity role holders to their beneficial owners.
- Verify relevant registers and documents; arrange checks for class beneficiaries.
Illustrative scenario
A foreign arrangement has a corporate trustee and individual settlor. The office verifies the settlor, trustee and its beneficial owners, supervisory powers and beneficiaries.
When the situation differs
A client says “a trust has no owner”, so the office skips all statutory role holders.
What to document
- Founding documents and appointment and removal rules.
- Role holders and their beneficial owners.
- Applicable registration basis and class-beneficiary procedures.
Common pitfalls
- Mechanically applying company share thresholds to trusts.
- Stopping at a corporate trustee.
- Treating a translated role name as proof of legal powers.
Frequently asked questions
Is the trustee the only beneficial owner?
No. The law includes other roles and persons exercising ultimate control.
Must every foreign trust enter the Czech register?
Not automatically. Assess section 12 connections and exceptions; AML verification still applies.
Put this guidance into practice
Choose a record for the step you are working on. Adapt it to your profession and actual case.
Complete client information online
Where to go next
- Beneficial owners: establish first, then verify — Distinguish identifying a beneficial owner, verifying identity and substantiating why the person owns or controls the company.
- Multi-level ownership: multiply shares, assess control separately — Trace ownership to natural persons without confusing a calculated percentage with decisive influence.
Sources and legal references
- Zákon č. 253/2008 Sb. — aktuální znění e-Sbírky ↗
§ 9 odst. 2 písm. b), c), odst. 3, 6; § 54 odst. 10 · accessed 2026-10-04 - Zákon č. 37/2021 Sb. — aktuální znění e-Sbírky ↗
§ 2 písm. a)–c); § 6; § 12; § 37 · accessed 2026-10-04 - FAÚ: Metodický pokyn č. 3 — zjišťování skutečného majitele ↗
Zjištění a ověření skutečného majitele, 25. 4. 2025 · accessed 2026-10-04
Editorial work and source checks are not independent legal approval of your particular process. Compare the conditions and exceptions with your own circumstances.