Section 23a GwG – Reporting discrepancies to the registrar entity

(1) 1Obliged entities under section 23 (1) sentence 1 no. 2 must report to the registrar entity without undue delay any discrepancies they find between the beneficial ownership information available in the transparency register and the beneficial ownership information and knowledge available to them. 2Section 43 (2) applies, with the necessary modifications. 3The obligation under sentence 1 applies to competent authorities under section 23 (1) sentence 1 no. 1 (a) and (b) to the extent that this does not interfere with their functions. 4A discrepancy exists under sentence 1 if entries under section 20 (1) and (2) and under section 21 (1) and (2) are missing, there are discrepancies about individual details of the beneficial owners under section 19 (1) or if different beneficial owners were identified. 5The identification of the beneficial owners underlying the discrepancy report must comply with the requirements of section 3.
(2) The registrar entity must establish a clearly visible mechanism on the transparency register website through which the discrepancy reports under subsection (1) can be submitted.
(3) 1The registrar entity must examine the discrepancy report under subsection (1) without undue delay. 2To do so, it can request the information and documents needed for clarification from the originator of the discrepancy report, the relevant association under section 20 or the legal arrangement under section 21.
(4) The registrar entity will provide the discrepancy report together with all the necessary documents to the authority referred to in section 56 (5) sentence 2 in the course of its responsibility for prosecuting administrative offences under section 56 (1) sentence 1 nos. 54 to 66, if

  1. it becomes aware that the beneficial ownership information contained in the transparency register is not accurate or
  2. it was unable to complete the examination of the discrepancy report because of a lack of clarity about the facts.
    (5) 1Once the process of examining the discrepancy report has been completed, the registrar entity must inform the originator of the discrepancy report about the outcome of the examination. 2The process of examining the discrepancy report is deemed to be completed if the registrar entity or the authority referred to in section 56 (5) sentence 2 has come to the conclusion that the discrepancy has been resolved on the basis of the knowledge obtained under subsection (3) or on the basis of a new notification by the association under section 20 or the legal arrangement under section 21 that is the subject of the discrepancy report.
    (6) 1Following receipt of the discrepancy report under subsection (1), the registrar entity must make a visible note 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 being examined. 2The completion of the process of examining the discrepancy report must be noted on the register extract.