News & Analysis as of

Beneficial Owner

How natural language processing creates value in compliance

As a bridge between humans and computers, the use of natural language processing in compliance demonstrates how this branch of AI is adding value across the financial services industry....more

“Panama Papers” Law Firm Announces Its Closure Due to Fallout from Massive Data Breach

by Ballard Spahr LLP on

The beleaguered law firm at the center of the international Panama Papers scandal – Mossack Fonseca – has announced that it is closing its doors. It offered no apologies....more

Cryptocurrencies and the fight against money laundering

As the global use of cryptocurrencies continues to gather momentum, what are the potential risks and implications for compliance professionals and how can they stay a step ahead of money launderers?...more

Registration of Beneficial Ownership in French Companies

by Bryan Cave on

France’s transposition of European Directive 2015/849 dated 20 May 2015 on money laundering is now in effect, with a compliance deadline of 1 April 2018. The provisions of Ordinance no. 2016-1635 of 1 December 2016...more

Registration of Beneficial Owners: COMING TO YOU SOON?

by Foodman CPAs & Advisors on

There is a new Bill drafted on November 14, 2017 called the Counter Terrorism and Illicit Finance Act (CTIFA). The Bill is currently in a committee in the Senate and it proposes a substantial overhaul to the Bank Secrecy Act...more

Anti-Money Laundering Trends in the Equipment Leasing and Finance Industry

by Baker Donelson on

Recent changes to anti-money laundering (AML) laws are likely to have a profound effect on the business of equipment leasing and finance. The new enhanced customer due diligence (CDD) rule promulgated by the U.S. Department...more

New Legislation Introduced in 2017 Signals the Beginning of a Strong Push for AML Reform

There is universal acknowledgement that anti-money laundering (“AML”) monitoring has become progressively costlier (both in terms of time and money) since the Bank Secrecy Act (“BSA”) was passed nearly five decades ago, and...more

Mandatory register of ultimate beneficial owners in the Czech Republic as of 1 January 2018

by White & Case LLP on

Effective as of 1 January 2018, Czech law requires that "ultimate beneficial owners" of companies and trust funds be recorded in a central register, in the interest of bringing increased transparency to the ownership...more

AML/BSA Focus by U.S. Senate Committee Testimony – From Beneficial Ownership to Cryptocurrency

by Ballard Spahr LLP on

This week, the U.S. Senate Committee on the Judiciary and the U.S. Senate Committee on Banking, Housing and Urban Affairs held hearings focused in part on Anti-Money Laundering (“AML”) and the Bank Secrecy Act (“BSA”)....more

New FinCEN beneficial ownership requirements for legal entity customers to become effective in May 2018

by Thompson Coburn LLP on

Effective May 11, 2018, new Financial Crimes Enforcement Network (FinCEN) regulations (codified at 31 C.F.R. §§ 1010.230 and 1020.210(b)(5)) (the “New Regulations”) require that covered financial institutions, including...more

UK House of Lords rejects public beneficial ownership registers for British Overseas Territories

by WilmerHale on

On 17 January 2018, the House of Lords voted against an amendment to the proposed Sanctions and Anti-Money Laundering Bill that sought to create a publicly accessible register of the beneficial ownership of companies...more

Innovation and KYC compliance amid regulatory change: Focus on APAC

Remaining compliant with comprehensive Know Your Customer (KYC) requirements while managing regulatory change has become a significant operational consideration for regulated entities across the APAC region....more

HMRC's Online Register of Trusts: Why You May Need to Take Action Now

by Womble Bond Dickinson on

If you are the trustee of a non-UK trust which has UK assets or UK sources of income, you need to take action before 5 March 2018 or face potential civil and even criminal penalties. The EU's Fourth Anti-Money Laundering...more

When will register of beneficial ownership by overseas companies be introduced?

by Hogan Lovells on

The government has confirmed to parliament its timetable for the introduction of a public register of beneficial ownership of UK property by overseas entities. This follows on from the government’s consultation in April 2017...more

Exclusive license stymies copyright owner's infringement suit

by Thompson Coburn LLP on

The current wave of copyright litigation continues to highlight the complexities of copyright ownership, as apparent infringers defend claims on the simple basis that the plaintiff doesn't own or control the infringed...more

Reminder: Certain U.S. Reporting and Compliance Obligations for Investment Advisers and Funds

by Dechert LLP on

The U.S. federal securities laws and the rules of U.S. self regulatory organizations (such as the Financial Industry Regulatory Authority) impose certain reporting and compliance obligations on investment advisers and funds....more

English High Court Of Justice Orders Disclosure Of Bank’s Records Related To Misdirected Reinsurance Premiums

by Carlton Fields on

In a proceeding seeking an order for disclosure of documents from Barclays Bank, the English High Court of Justice considered the scope of the agency involved in a run-off agreement between a reinsurance broker and another...more

De-risking: Improving financial inclusion in MENA

Greater financial inclusion is vital for economic diversity and growth in the Middle East and North Africa (MENA). How can banks ensure their due diligence processes do not end up stifling entrepreneurship and innovation?...more

Congress Proposes National Directory of Beneficial Owners of Legal Entities

by Ballard Spahr LLP on

Congress is considering a new draft bill, the Counter Terrorism and Illicit Finance Act (“CTIFA”), currently in committee in the Senate.  The CTIFA proposes the most substantial overhaul to the Bank Secrecy Act (“BSA”) since...more

Crack-down on the property market - register of beneficial ownership to go live in 2021

by Dentons on

Last year the government announced its intention to introduce a public register revealing the owners of overseas companies buying property in the UK. It has just announced plans for that register to be introduced and to go...more

The Need for Anti-Money Laundering Regulatory Reform

by Michael Volkov on

It is rare these days for Republicans and Democrats to agree on political priorities – another profound grasp of the obvious. Recently, on Capitol Hill there appears to be some common ground on the issue of reforming AML...more

Financial Services Quarterly Report - Fourth Quarter 2017: Developments in the Luxembourg Financial Sector

by Dechert LLP on

Luxembourg recently published two important bills to combat money laundering and terrorism financing – one transposes the EU AML4 Directive1 into Luxembourg law; the second establishes a central register of beneficial owners,...more

BSA, FinCEN, Treasury and IRS Want to Know: Who is the Ultimate Beneficial Owner (UBO)?

by Foodman CPAs & Advisors on

There seems to be a convergence by the Financial Crimes Enforcement Networks (FinCEN), the Treasury Department and the IRS for determining “who is the UBO” of entities. The U.S. Government is determined to enforce financial...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

Mexico’s AML Regime Evaluated by the FATF: Systemic Improvement, but Suspicious Transaction Reporting and Law Enforcement Efforts...

by Ballard Spahr LLP on

Last week, the Financial Action Task Force (“FATF”) issued a report concluding that Mexico needs to “step up efforts in pursuing money launderers.” ...more

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