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Clarification on Beneficial Ownership Rule

Question: 
I need clarification on the beneficial ownership rule. If we have non-profit or charity accounts that are not legal entities, do we have to do the control prong? What if their paperwork does not have them classified as a corporation or LLC but they have a separate EIN? Do we then do the control prong? And what if the account is very old and they don't have the actual papers stating if they are incorporated, etc. but have a separate EIN? Does the EIN make a difference?
Answer: 

by Randy Carey:

If we have non-profit or charity accounts that are not legal entities that are not legal entities

Then they are neither non-profit or charitable accounts.

https://www.bankersonline.com/articles/105430

Answer: 

by John Burnett:

If the account owner isn't an entity (or a partnership) it's not covered by any part of the Beneficial Ownership rule.

If it's owned by a legal entity that is established as a nonprofit corporation or a similar entity (an IRS tax-exempt letter is not required), only the control prong portion of the certification of beneficial ownership is required (under ยง1010.230(e)(3)(ii)). Even without that provision in the rule, such entities typically don't have beneficial owners in any event, but the provision in paragraph (e)(3)(ii) saves you the trouble of having to ask anyone to get that information.

First published on 04/28/2019

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