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Give me shelter

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

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Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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