41 C.F.R. § 102-73.315

Current through November 30, 2024
Section 102-73.315 - What definitions apply to this subpart?

Beneficial owner means:

(1) With respect to a covered entity, an individual who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise-
(i) Exercises substantial control over the covered entity; or
(ii) Owns or controls not less than 25 percent of the ownership interests of the covered entity.
(2) This definition is based on the Department of the Treasury Financial Crimes Enforcement Network's Beneficial Ownership Information Reporting Requirements at 31 CFR part 1010.

Control means, with respect to a covered entity:

(1) Having the authority or ability to determine how a covered entity is used; or
(2) Having some decision-making power for the use of a covered entity.

Covered entity, as defined by the Secure Federal LEASEs Act, means:

(1) A person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or
(2) Any governmental entity or instrumentality of a government.

Federal lessee, as defined by the Secure Federal LEASEs Act, means:

(1) The Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and
(2) Does not include the head of an element of the intelligence community.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror or lessor, or that owns or controls one or more entities that control an immediate owner of the offeror or lessor. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror or lessor, that has direct control of the offeror or lessor. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

41 C.F.R. §102-73.315

88 FR 14065 , 4/6/2023