The answer is yes — a trust can indeed qualify as a beneficial owner of a company. However, the presence of a trust introduces complexity into the process of beneficial ownership disclosure.
How Does a Trust Qualify?
A trust is considered a beneficial owner if it:
- Holds more than 5% of the company’s shares or voting rights
- Exercises control over decision-making in the company
- Directs or influences company operations, even indirectly
Who Needs to Be Disclosed?
If a trust is involved, the following must usually be declared:
- The trustee(s) — those who manage the trust’s assets
- The founder of the trust — the person who created it
- The named beneficiaries — those who benefit from the trust
Each individual must be identified as a natural person with supporting documentation.
Challenges With Trusts
Disclosure becomes more difficult with:
- Offshore trusts
- Discretionary beneficiaries
- Complex family or interlinked trusts
- Multiple trusts owning shares through a holding company
How We Help
At Company Files, we have experience handling complex BO scenarios involving trusts, layered structures, and indirect ownership. Our pricing for such filings ranges from R625.00 to R825.00 excl VAT, depending on complexity.
We simplify the disclosure process, help you collect the right documents, and ensure full compliance with CIPC requirements.
