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08 April 2016 / James Mather
Issue: 7694 / Categories: Features , Commercial
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Give me shelter

The new register of companies' beneficial owners won’t prevent “real owners” taking refuge, as James Mather explains

The new requirement on English companies and LLPs to hold a register of “people with significant control” (PSCs), which applies from 6 April 2016, is designed to “bring information about company ownership into the open”. Obscure company ownership structures, the government stresses, can “facilitate tax evasion, money laundering and even terrorist financing”. It hopes that the register will impede such abuses by revealing “who is behind a company””, and has trumpeted the new register in the wake of the Panama Papers affair.

With such high expectations, one would therefore have expected the new rules to make clear that offshore discretionary trust structures are a primary target. While having their legitimate uses, after all, these are also the pre-eminent vehicle for obscuring ownership from creditors, spouses, tax authorities and the like. The “real owners” behind companies held in this way are surely the discretionary beneficiaries, often the settlor and members of his family. Where such beneficiaries make a request

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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