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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
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.
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