• Anguilla Introduces Legitimate Interest Access to Beneficial Ownership Information

Anguilla Introduces Legitimate Interest Access to Beneficial Ownership Information

The Anguilla House of Assembly has passed the Commercial Registry and Beneficial Ownership Registration System (Amendment) Act, 2026, introducing a statutory framework that permits access to beneficial ownership information where “legitimate interest” can be demonstrated.

The amendment is part of Anguilla's ongoing commitment to international transparency standards and efforts to combat financial crime, while also maintaining appropriate safeguards for privacy and personal security. The new framework reflects developments in the international regulatory landscape, including the 2022 judgment of the Court of Justice of the European Union, which determined that unrestricted public access to beneficial ownership information could constitute a disproportionate interference with individuals’ privacy rights.

KEY CHANGES

The amended Act introduces the following changes:

  • Beneficial ownership information will not be available through unrestricted public access. Instead, access will be limited to persons that can demonstrate a legitimate interest as prescribed by law.

  • A legitimate interest arises where information is sought in connection with the prevention, detection, investigation, or prosecution of financial crime. This may include certain journalists, researchers, civil society organizations, and persons conducting due diligence activities.

  • The legislation introduces mechanisms designed to safeguard individuals where disclosure may create a serious risk to their safety, security, or that of members of their household.

  • Where a company has no registrable beneficial owner, information concerning a designated senior managing official may be required to be maintained on the register.

IMPACT ON ANGUILLA ENTITIES

At this stage, the amendments primarily establish the legal framework for legitimate-interest access. The practical operation of the regime, including application procedures, eligibility criteria, the scope of accessible information, and any applicable fees, will be governed by implementing regulations and guidance issued by the relevant authorities.

NEXT STEPS

As a result, the immediate impact on existing entities is limited. However, beneficial ownership information maintained in respect of Anguilla entities may, in future, be disclosed to approved applicants who satisfy the prescribed legitimate-interest requirements. Importantly, the new regime does not introduce unrestricted public access to beneficial ownership records.

We recommend that clients:

  • Review the accuracy and completeness of beneficial ownership information maintained for their Anguilla entities.

  • Consider whether any beneficial owners may qualify for enhanced protection due to security concerns.

  • Monitor further regulatory developments and implementation guidance relating to legitimate-interest access requests.

Our team will continue to monitor developments and will provide further updates as additional regulations and operational guidance become available. Please contact our Anguilla team at anguilla@tridenttrust.com for more information.