News & Analysis as of

Beneficial Owner United Kingdom

McDermott Will & Emery

SEC Amends Schedule 13G Beneficial Ownership Reporting Deadlines

McDermott Will & Emery on

On September 30, 2024, the revised Schedule 13G filing deadlines became effective. In this article, we provide an overview of the new regime and provide a comparison with the corresponding notification deadlines in the EU and...more

Proskauer - Regulatory & Compliance

FCA Proposal: New requirement to provide criminal background checks on owners and controllers from January 2025

In July 2024, the UK’s Financial Conduct Authority (“FCA”) published its “Quarterly Consultation Paper No. 44” (“Consultation”), which proposed introducing a requirement to provide criminal background checks on owners and...more

Wilson Sonsini Goodrich & Rosati

The Critical Reporting Requirement U.S. Companies Can’t Afford to Ignore: Upcoming Deadlines for Beneficial Ownership Information...

On January 1, 2024, the new Beneficial Ownership Information (BOI) reporting requirements under the U.S. Corporate Transparency Act (CTA) took effect. For the first time, many U.S. companies—including U.S. subsidiaries of UK...more

Walkers

Update on changes to the beneficial ownership regime in the Cayman Islands

Walkers on

Changes to the beneficial ownership regime took effect on 31 July 2024 and enforcement relating to the new requirements is suspended until early 2025. Many entities that previously had few or no obligations will have to...more

Mayer Brown

UK Supreme Court Clarifies Basis of ‘Knowing Receipt’ Claims Arising From Breach of Fiduciary Duty

Mayer Brown on

"The law on 'knowing receipt' has perplexed judges and academics alike for several decades" – Lord Burrows (paragraph 99). In a decision with significant implications for claims involving fraud and breach of fiduciary duty...more

BCLP

Settlement Showdown - Have You Really Settled Your Claim?

BCLP on

In Bin Obaid v Al-Hezaimi [2024] EWCA Civ 612, the Court of Appeal upheld a High Court decision in finding that subsequent claims did not fall within the scope of claims which were released under an earlier settlement deed....more

Walkers

Beneficial ownership registers: Jersey’s latest consultation paper on access to information

Walkers on

Jersey: Consultation paper on access to information - On 26 April 2024, the States of Jersey published its latest consultation paper on "Access to information on Jersey's Central Register of Companies and legal persons"....more

Conyers

Regulatory & Risk Advisory Review: Cayman Islands – January to March 2024

Conyers on

Welcome to the first instalment of 2024 of our Cayman Islands Regulatory & Risk Advisory Review. As we cover in this issue, there have been a number of updates in the first quarter of the year. Perhaps most notably is the...more

A&O Shearman

Panel Proposes Narrowing The Scope Of Companies Subject To The Code

A&O Shearman on

On 24 April 2024, the UK Takeover Panel published PCP 2024/1 ("PCP 2024/1"), in which it is consulting on a significant narrowing of the types of companies that will be subject to the Takeover Code (the “Code”) - i.e., as...more

A&O Shearman

Happy Lamb, share ownership disputes and rectification of the register - brevi manu or longa manu?

A&O Shearman on

In the recent Happy Lamb decision Zacaroli J had to consider an application to amend pleadings in an unfair prejudice action (under section 994 of the Companies Act 2006 ("CA 2006")) to include a declaration as to the legal...more

A&O Shearman

The Register of Overseas Entities – what the real estate industry needs to know - March 2024

A&O Shearman on

The Economic Crime (Transparency and Enforcement) Act 2022 requires overseas entities which own, or wish to acquire, certain real estate in the UK to register with Companies House and to provide, and keep up-to-date,...more

BCLP

Changes to the Register of Overseas Entities Regime - the Impact of the Economic Crime and Corporate Transparency Act 2023 on Real...

BCLP on

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) received Royal Assent on 26 October 2023, with the provisions of ECCTA to be brought in by secondary legislation in stages throughout 2024 and 2025....more

Conyers

Regulatory & Risk Advisory Outlook 2024: Cayman Islands

Conyers on

2023 was an active year for the Cayman Islands regulatory industry. While we have endeavoured to keep you updated throughout the year with our Regulatory & Risk Advisory Reviews, our team has highlighted below the key changes...more

Conyers

Unveiling Tax Realities: Debunking Myths about the British Virgin Islands

Conyers on

In this review of taxation and the British Virgin Islands, Conyers Corporate Counsel Nicholas Kuria discusses some of the most commonly misunderstood notions relating to the use of offshore jurisdictions, with a focus on the...more

Jones Day

Corporate Real Estate Transactions in the UK: Beware Remediation Contribution Orders

Jones Day on

Remediation Contribution Orders require developers, landlords, or their associated entities to contribute to the cost of remediating building safety risks in England and Wales. Since the jurisdiction to make this order was...more

K2 Integrity

The Challenge of Transparency in Preventing Financial Crime: Navigating Financial Integrity in a Changing Risk Landscape

K2 Integrity on

The landscape of financial crimes is constantly evolving, and the concept of transparency is being fundamentally challenged. A dynamic, innovative approach is imperative to preserve and shape the future of financial...more

BCLP

UK Shareholding Report a Missed Opportunity for New Tech

BCLP on

In July, the U.K. Digitization Taskforce released an interim report containing a series of potential recommendations for the government, regulators and market participants, in order to achieve full digitization of the U.K....more

Paul Hastings LLP

Daily Financial Regulation Update -- Friday, November 17, 2023

Paul Hastings LLP on

November 16, 2023- The Financial Crimes Enforcement Network (FinCEN) has updated its Beneficial Ownership Information FAQs to include new questions about the reporting process, reporting companies, beneficial owners,...more

Conyers

The Future of Beneficial Ownership in Bermuda – Transparency v Privacy

Conyers on

Transparency or privacy – which of these priorities prevails? A ruling on 22 November 2022 by the Court of Justice of the European Union (CJEU) might mean privacy prevails when it comes to the question of whether or not a...more

Hogan Lovells

UK Economic Crime Act: Update for Real Estate and Investment Funds

Hogan Lovells on

What do overseas entitles dealing with UK property have to have on their radar right now? The main thing may well be complying with the updating duty under the Economic Crime (Transparency and Enforcement) Act 2022....more

A&O Shearman

The Register of Overseas Entities – what the real estate industry needs to know

A&O Shearman on

The Economic Crime (Transparency and Enforcement) Act 2022 (the Act) requires overseas entities that own, or wish to acquire, certain real estate in the UK (a Qualifying Estate) to register with Companies House and to provide...more

Cooley LLP

Part 36 Offer Containing Term Court Could Not Have Ordered Deemed Valid

Cooley LLP on

In Robert Colicci & Others v. Nora Grinberg & Another, the High Court of England and Wales confirmed that a Part 36 offer containing a term that the court would not have been able to order (in this case, a payment to the...more

Dechert LLP

Insights from the UK government’s Annual Report on the National Security and Investment Act

Dechert LLP on

The UK government (the “Government”) has published its first full year annual report (the “Report”) covering the period from 1 April 2022 to 31 March 2023 (the “Reporting Period”). The Government received 866...more

K&L Gates LLP

UK Real Estate Ownership and the Implications of the Economic Crime (Transparency and Enforcement) Act

K&L Gates LLP on

On 2 August 2023, the Register of Overseas Entities (ROE) update process went live. UK Companies House issued guidance on the requirements overseas entities will have to adhere to in their annual update of the ROE. Our...more

Walkers

Guernsey Guide: legal, regulatory, transparency and supervisory framework

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This briefing explains Guernsey’s adoption of rigorous international tax and regulatory standards, which, in conjunction with its local tax law, make it an ideal location for investment funds and other investment vehicles....more

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