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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Ownership, Financial Accountability and the Law: Transparency Strategies and Counter-Initiatives


ISBN13: 9781138359888
Published: June 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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There is something visceral about ownership. This is mine; you can’t have it. This is mine; you can share it. This is ours. Try to find it.

Contemporary literature and investigative journalism are showing that the scale of the problem of tax evasion, money laundering, organised crime, terrorism, bribery, corruption and gross human rights abuses is vast.

Ownership – specifically, the quest to identify beneficial owners - has been chosen by national and international regulators as the touchstone, the litmus test in the fight back. An owner by definition must possess something for which they are financially accountable. But what is meant by "ownership"? This book explains why ownership is pivotal to accountability, and what ownership means in common law, civil law and Shariah law terms. It looks in detail at State, regional and international transparency strategies and at an equally powerful global private counter-initiative to promote beneficial ownership avoidance through the use of so-called "orphan structures". Where there is no owner, there is no accountability. The distinction between privacy and legitimate confidentiality on the one hand, and concealment on the other is explained with reference to commercial and trade law and practice, principles of corporate governance and applicable business human rights. This book introduces one further counter initiative: the phenomenon of transient ownership made possible through the use of cryptocurrency and the blockchain. The study concludes with a blueprint for action with recommendations addressed to states, international organisations, practitioners and other stakeholders.

Subjects:
Banking and Finance
Contents:
1. Introduction: Why Ownership Matters
2. What is meant by "Ownership"?
3. Disclosure and registration initiatives
4. Confidentiality versus concealment
5. `Orphan structures’
6. Cryptocurrency and the Blockchain - Transient Ownership
7. Recommendations

Series: The Law of Financial Crime

Tax Evasion and the Law: A Comparative Analysis of the UK and USA ISBN 9781032366784
To be published June 2024
Routledge
£140.00
£130.00
Anti-Money Laundering Compliance and the Legal Profession ISBN 9780367030049
Published November 2021
Routledge
£130.00
Corruption, Integrity and the Law: Global Regulatory Challenges ISBN 9781032173979
Published September 2021
Routledge
£38.99
£130.00
£38.99
(ePub)
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Corruption, Integrity and the Law: Global Regulatory Challenges ISBN 9780367186500
Published February 2020
Routledge
£120.00
£35.99
(ePub)
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Corruption, Social Sciences and the Law: Exploration across the disciplines
Edited by: Jane Ellis
ISBN 9780367186418
Published May 2019
Routledge
£120.00
Corporate Liability for Insider Trading ISBN 9781138299023
Published March 2019
Routledge
£120.00
Corporate Liability for Insider Trading (eBook) ISBN 9781351579438
Published March 2019
Routledge
£39.99
(ePub)
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£120.00
£35.09
(ePub)
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The Global Anti-Corruption Regime: The Case of Papua New Guinea ISBN 9781138298927
Published August 2018
Routledge
£120.00
Fighting Financial Crime in the Global Economic Crisis ISBN 9781138218895
Published August 2016
Routledge
£44.99
£44.09
(ePub)
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Fighting Financial Crime in the Global Economic Crisis ISBN 9780415706933
Published November 2014
Routledge
£125.00