Reporting of Discrepancies and Non-Compliance
In the RBO regulations (SI 110 of 2019), a “discrepancy” has a specific meaning given to it and it depends on who is reporting the ‘discrepancy’.
SI 110/2019 only provides for discrepancies to be reported to the Registrar of Beneficial Ownership by a ‘designated person’ or a ‘competent authority/relevant person’.
In the case of a ‘designated person’, Regulation 20(3)(b) states that if a designated person carrying out customer due diligence on an entity, or otherwise, forms the opinion that there is a discrepancy between the information in the central register (RBO) and the information the entity must hold in its internal register of beneficial ownership, then the designated person shall deliver, in a timely manner, to the Registrar… notice of that opinion, specifying the particulars as respects which the foregoing discrepancy exists.
The definition of a ‘designated person’ is provided in Section 25 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, and includes credit institutions, financial institutions, auditors, external accountants, tax advisors, property service providers, casinos and any person trading in goods involving transactions totalling at least €10,000.
In the case of a ‘relevant person’, Regulation 26(1) states that if any relevant person forms the opinion that there is a discrepancy between the information relating to a relevant entity in the central register (RBO) and the beneficial ownership information available to the relevant person relating to the same entity, to the extent that it does not interfere unnecessarily with the performance of its functions, the relevant person shall deliver, in a timely manner, to the Registrar, notice of that opinion specifying the particulars of the discrepancy.
A ‘relevant person’ is a competent authority, the Garda Síochána, the Revenue Commissioners or the Criminal Assets Bureau.
A Discrepancy Notice is a formal notification to the Registrar of a discrepancy, as defined in FAQ 15.1 above, by a ‘designated person’ or ‘relevant person’ (competent authority).
The Registrar has determined that a discrepancy shall be reported by a ‘relevant person’ using a Form DN1 and that the manner in which the DN1 shall be delivered to the Registrar is by uploading the DN1 form to a secure folder in the RBO’s Sharefile Account.
The Registrar has determined that a discrepancy shall be reported by a ‘designated person’ using a Form DN2 and that the manner in which the DN2 shall be delivered to the Registrar is also by uploading the DN2 to a secure folder in the RBO’s Sharefile Account.
Forms DN1 and DN2 are available from the RBO upon request by a duly appointed RBO Liaison Officer in an e-mail to discrepancies@rbo.gov.ie
See Relevant Persons – Reporting a Discrepancy and Designated Persons – Reporting a Discrepancy for more details
A discrepancy notice is a formal notification to the RBO of a discrepancy found between the information held on the RBO and other information available to the designated person or competent authority/relevant person.
A non-compliance notice is where, having searched for the beneficial ownership details of a particular entity, the person searching has found that no beneficial ownership details have been filed, and is then notifying the Registrar that the entity in question appears to have failed to file with the RBO in accordance of Regulations 20 and 21 of SI 110/2019.
In accordance with Regulations 20(3) and 26(1) of SI 110/2019, a discrepancy can be reported to the Registrar by authorised officers of a ‘designated person’ or a ‘relevant person’.
The term ‘designated person’ is defined in Section 25, 2010 Criminal Justice (Money Laundering & Terrorist Financing) Act – Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, Section 25 (irishstatutebook.ie) .
The term ‘relevant person’ refers to the Garda Síochána, the Revenue Commissioners, the Criminal Assets Bureau or a competent authority.
Only a person who is an authorised officer of a ‘relevant person’ is entitled to report a discrepancy to the Registrar on behalf of a ‘relevant person’.
The term ‘relevant person’ refers to the Garda Síochána, the Revenue Commissioners, the Criminal Assets Bureau or a competent authority.
The RBO has contacted all ‘relevant persons’ in relation to the appointment of RBO Liaison Officers who will coordinate reports of discrepancies on behalf of the ‘relevant person’.
The Registrar has determined that a discrepancy shall be reported by a ‘relevant person’ using a Form DN1 and that the DN1 shall be delivered to the Registrar by uploading the form to a secure folder in the RBO’s Sharefile Account.
If you are an authorised officer of a ‘relevant person’ and you wish to report a discrepancy, please send an email to discrepancies@rbo.gov.ie, stating the name of your organisation. For data protection reasons, please do not include details of the discrepancy in this e-mail.
On receipt of this e-mail, the RBO will provide the appointed RBO Liaison Officer(s) for that organisation with a DN1 form and details on how to upload the DN1 to the RBO Sharefile Account.
A Designated Person is defined in Section 25 of the Criminal Justice (Money Laundering and Terrorism Financing) Act 2010, as amended by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018
Only a ‘designated person’ as defined in Section 25, 2010 Criminal Justice (Money Laundering & Terrorist Financing) Act, as amended, is entitled to report a discrepancy to the Registrar.
Once you have been set up with Designated Person access you can report a discrepancy. Discrepancy Notices (DN2s) can be sent to the RBO by email or through ShareFile. Please save the document in a meaningful way, such as the company name and number, especially if you have a number of DN2s to submit.
You can email a completed DN2 to discrepancies@rbo.gov.ie, but please do not password protect the PDF as our mail system and ICT Unit will quarantine it and you will need to text the password to one of the team for the document to be released.
Alternatively, you can send a request to have a ShareFile folder created for your organisation. You will need to confirm what users should be added, please note they will also require Designated Person access first. The DN2 PDF is fillable and type signatures are accepted, and for ease of use we would ask you/your team to complete the online version as they help greatly with processing the details on the form. Please also save the document in a meaningful way, such as the company name and number, especially if you have a number of DN2s to submit.
Reporting of Non-Compliance
A Non-Compliance Notice (NCN) is an official notification to the Registrar stating that, having searched in the RBO Online Portal for the beneficial ownership details of a relevant entity, the person searching has found no beneficial ownership details in the RBO for the particular entity, and is reporting to the Registrar that the entity in question appears to have failed to comply with its obligations under Regulations 20 and 21 of SI 110/2019.
Anyone who has searched for the beneficial ownership details of an entity and has found that the entity has not filed any information with the RBO can submit a completed Form NCN (non-compliance notice) to the RBO.
Please download and complete the Form NCN and email the completed and signed form to discrepancies@rbo.gov.ie.
Only NCNs forms submitted by email will be accepted.
Do not post a paper copy to the RBO.
You can download the Form NCN here: Form NCN
You will receive an acknowledgement of your submitted DN1, DN2 or NCN.
For the DN1 and DN2 you will be notified of the outcome after the RBO has concluded its investigations.
For the NCN you will be notified of the outcome after the RBO has concluded its investigations. However, this may take some time as the Registrar may bring legal proceedings against the reported entity for non-compliance which can take a considerable time to complete. In the meantime, you can continue to check the RBO Online Portal to see if beneficial ownership details have subsequently filed.
No, only forms received electronically to discrepancies@rbo.gov.ie will be accepted.
The Registrar is prohibited by legislation from disclosing the identity of any person who reports an alleged discrepancy to her.
In the case of a discrepancy form received from a ‘designated person’, Regulation 20(4)(b) of Statutory Instrument 110 of 2019 states:
Upon receipt of a foregoing notice, the Registrar shall –
(b) serve a notice on the relevant entity concerned which –
(i) states that the foregoing notice has been received, and
(ii) specifies the particulars as respects which the foregoing discrepancy exists, and requests the relevant entity to deliver to the Registrar, within a period specified in the notice and in such manner as the Registrar determines –
(I) a submission as to why the relevant entity considers the opinion of the designated person concerned not to be well founded, or
(II) if the relevant entity considers the opinion of the designated person concerned to be well founded, such amended particulars (for entry in the central register) as are required where the relevant entity is satisfied that the delivery of such is the appropriate means by which the discrepancy can be resolved,
and such a request shall be complied with by the relevant entity accordingly.
In the case of a discrepancy form received from a ‘relevant person’, Regulation 26(2)(b) of Statutory Instrument 110 of 2019 states:
Upon receipt of a foregoing notice, the Registrar shall –
(b) serve a notice on the relevant entity concerned which –
(i) states that the foregoing notice has been received, and
(ii) specifies the particulars as respects which the foregoing discrepancy exists, and requests the relevant entity to deliver to the Registrar, within a period specified in the notice and in such manner as the Registrar determines –
(I) a submission as to why the relevant entity considers the opinion of the relevant person concerned not to be well founded, or
(II) if the relevant entity considers the opinion of the relevant person concerned to be well founded, such amended particulars (for entry in the central register) as are required where the relevant entity is satisfied that the delivery of such is the appropriate means by which the discrepancy can be resolved,
and such a request shall be complied with by the relevant entity accordingly.