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Beneficial Ownership Registers: The STEP Handbook for Advisers

Edited by: Pablo Panico

ISBN13: 9781787424142
Published: September 2021
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £175.00



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Beneficial ownership registers were introduced in the European Union (EU) under the 4th and 5th Anti Money Laundering Directive, with the ultimate goal of promoting increased transparency in the financial markets. Nevertheless, public access to the beneficial ownership information of companies and other legal arrangements, such as trusts, raises significant issues in relation to each individual's fundamental right to privacy, and consequently many EU member states are still struggling to strike the right balance between transparency and privacy. As a result, the implementation of beneficial ownership registers has been delayed in many EU member states and different legislative choices have been made in the various jurisdictions. Since beneficial ownership registers do not only apply to entities incorporated or administered in an EU jurisdiction, but may also extend to foreign entities with some business connection to that jurisdiction, it is essential to master these differences.

This book, co-published with STEP, the world’s leading organisation for private wealth professionals, provides an in-depth analysis of the beneficial ownership registers legislation in a number of EU jurisdictions as well as in the UK, which pioneered it with the creation of its own ‘PSC Register’. It also looks at similar initiatives being experienced in some leading international financial centres as well as in the US.

It includes coverage of:

  • The functioning of beneficial ownership registers in selected EU jurisdictions
  • The differences between the beneficial ownership registers for companies and those for trusts, which are maintained in many EU member states
  • Practical comparisons on the possibility for individual beneficial owners to apply for their personal information to be withheld from public access
  • The ways of complaint in case such an application is not accepted, and
  • Special cases such as the treatment of an EU company controlled by a trust or a foundation

The first to comprehensively approach this topic, this title will benefit private client advisers (lawyers, notaries, accountants) and family officers whose clients have business interests in the EU. The registration of the details of beneficial owners has become a new variable to be considered in any estate planning or asset protection exercise and more generally in any circumstance where a company or any other legal arrangement is created. It is therefore essential reading for anyone involved in any of these fields.

Subjects:
Banking and Finance
Contents:
Introduction: the 4th and 5th AML Directive
Paolo Panico, Paolo Panico’s Law Chambers Private Trustees SA
Austria
Christiane Edelhauser & Michael Petritz, KPMG Austria
Belgium
Saskia Lust, Loyens & Loeff
Crown Dependencies
Paul Matthams, Stonehage Fleming
Cyprus
George Economides, E&G Economides LLC
Czech Republic
Šteˇpán Holub, Holubová advokati s.r.o.
France
Jérôme Barré, Barré & Associés & Stéphanie Auferil, Arkwood
Germany
Susanne Stauder, Heuking Kühn Lüer Wojtek
Greece
Petros-Fotios Chr. Fatouros & Angeliki Chimona, Phi Lambda Law Firm
Ireland
Aileen Keogan, Aileen Keogan Solicitor & Tax Consultant
Italy
Luigi Belluzzo, Belluzzo International Partners
Liechtenstein
Johanna Niegel, Allgemeines Treuunternehmen
Luxembourg
Paolo Panico, Paolo Panico’s Law Chambers Private Trustees SA
The Netherlands
John Graham, Graham, Smith & Partners
Poland
Aldona Leszczyn´ska-Mikulska & Tomasz Piejak, GWW
Portugal
Nuno Cunha Barnabé & António Vidal, ABREU
Slovenia
Tatjana Andoljšek, OPAM LAW Luxembourg, Slovenia
Spain
Alberto Perez Cedillo, Alberto Perez Cedillo Spanish Lawyers and Solicitors
United Kingdom
E.N. Reed & Iskra Doukova, Macfarlanes LLP
United States
Todd D. Mayo, UBS