Articolul precedent |
Articolul urmator |
84 2 |
Ultima descărcare din IBN: 2024-04-01 20:00 |
SM ISO690:2012 BELOBROV, Angela. Approaches to the complexity of the beneficial ownership regulation. In: Adapting Public Services to the Technological Challenges and to the Business Environment Expectations, Ed. Ediția a 3-a, 8 decembrie 2023, Chişinău. Chişinău: Departamentul Editorial-Poligrafic al ASEM, 2023, Ediția a 3-a, pp. 56-59. |
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Adapting Public Services to the Technological Challenges and to the Business Environment Expectations Ediția a 3-a, 2023 |
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Conferința "Adapting Public Services to the Technological Challenges and to the Business Environment Expectations" Ediția a 3-a, Chişinău, Moldova, 8 decembrie 2023 | ||||||
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JEL: K14; K15; K20; G32; O32. | ||||||
Pag. 56-59 | ||||||
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The distinction between legal and beneficial ownership of property (or any asset) is both age-old and highly topical. It's age-old because since the term "beneficial owner" was introduced to the OECD Model Tax Convention in 1977, courts have struggled to interpret and use it in deciding conduit company cases. It's topical because governments, researchers, and practitioners now perceive increased risks in fiscal and AML areas, necessitating the improvement of UBO legislation worldwide. The background described outlines the research's purpose: to compile an exhaustive list of issues related to Beneficial Ownership (BO). This aims to establish an effective regulatory framework for beneficial ownership and determine the procedure for maintaining the Register of Beneficial Owners (RBO). An exhaustive definition means that all elements are listed without leaving anything to imagination. Therefore, the comprehensive list of terms and issues related to effective ownership includes: (i) the definition of the BO and its relation to other concepts: property and proprietary rights, difference between legal ownership and beneficial ownership, beneficial ownership principles; (ii) RBO: registry approach; decentralized registry approach; types of RBOs (for different types of assets); central database containing information about BO of legal entities and trusts: principles, structure; benefits, maintenance of the register; maintaining records; perculiarities of the beneficial ownership rule in banking; (iii) BO transparency: reasons of beneficial ownership transparency; FATF Recommendations 24 and 25; best practices is disclosuing governance, ownership, and voting structures of the entities, and civil society groups; (iv) Beneficial Ownership Data Standard (BODS): BODS and BODS compliance, technology infrastructure requirements, and the Beneficial Ownership Registers Interconnection System; (v) Data protection and privacy in BO information: balancing legitimate interest in publicity with data protection; (vi) General aspects regarding verification, registration, record-keeping, and data updating for the BO of legal entities, including legal frameworks and perspectives; (vii) The procedure for determining the BO of legal entities and individuals who meet the criteria, including those exercising effective control: procedure for determining the individual(s) owning at least x % of shares or voting right of the legal entity; the procedure for determining the individual(s) who ultimately controls (control) an individual or legal entity; the procedure for determining the individual(s) on whose behalf a transaction is performed or an activity is carried out; perculiarities of the procedure for determining the BO of the legal persons with a complex but legitimate ownership structure, such as the existence of more hierarchical founding companies with more founders and associated members from different jurisdictions; case-study analysis; perculiarities of the procedure for determining the BO exercising effective control on the legal person (Nominee Shareholders and Directors); practical examples analysis; (viii) Procedures and internal practices for BO verification, including foreign citizens; (ix) BO in different types of legal entities, profit-making: Limited Liability Companies; other types of profit-making legal persons: perculiarities of the procedure for registering the beneficial owner of sole proprietorships, peasant (farmer) farm; Joint Stock Companies; Publicly traded companies; state-owned enterprises; (x) BO in different types of legal entities - nonprofit: associations; foundations; other types of nonprofit legal persons; (xi) Exemptions for declaring the BO; (xii) BO information throughout the life cycle of a legal entity: BO information to be collected at creation and registration/incorporation; changes during the life cycle of a legal person; insolvency situations; liquidation/dissolution; (xiii) BO declaration form structure for different types of legal entities and those with complex structures from different jurisdictions; (xiv) Mechanisms and sources for obtaining BO information, including relevant foreign legal persons: types of documents presented to the registrars by which the identification of the beneficial owners can be demonstrated; reasonable period for recognising Extracts from Business/Company Registers from different jurisdictions; guidance on examining identity documents and reasonable period for recognising copies of identity documents from different jurisdictions; National and international database used; Legal Persons Holding Information on their BO; Power to request information from shareholders; Additional information as required for enhanced verification; (xv) Update and correction of BO information: Reasonable period (e.g., within one month) for updating information of BO; provisions for an ad-hoc correction of Registry data; (xvi) role of technology in improving BO Registers: data entry in the BOR, technology to facilitate checking and validation, e-service of data entry in RBO vs paper documents, legal access to information from BOR; Data provided to other authorities; (xvii) Mechanisms for applying a risk-based approach, including red flags: key risk indicators regarding BO; indicators of misuse or unusual activity in the database; reporting to Financial Intelligence Unit; (xviii) Discrepancy reporting mechanisms: procedures for resolving discrepancies; (xix) Sanctions for violating BO information disclosure rules: failure to submit for registration or update information on BO; false information about BO; the effects of the sanctions on the legal person’s economic activity imposed on the natural person declared as pseudo-BO (executive manager of the legal person); (xx) Challenges in implementing the BO identification mechanism; (xxi) Lessons learned and recommendations. In conclusion, identifying and formulating exhaustive issues related to the beneficial owner and Registers of beneficial owners are crucial for this research field. It provides an overview of the regulatory framework concerning beneficial ownership, facilitating the achievement of objectives by enhancing contextual knowledge of regulations impacting beneficial ownership. |
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Cuvinte-cheie beneficial owner, legal entity, state register, AML/CFT, beneficiar efectiv, persoană juridică, Registrul de stat, AML/CFT |
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