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Extra info for The puppet masters: how the corrupt use legal structures to hide stolen assets and what to do about it

Example text

3 How to Use This Report In part 1 of this report, we have sketched the background of the misuse of corporate vehicles and outlined the objectives and scope of this study. The subsequent parts of this report deal with different aspects of the problem. Part 2 examines specific concerns about how we should understand the person hiding behind the corporate vehicle. Then, in part 3, we look at the types of corporate vehicles chosen to hide behind, as well as other strategies used to generate further opacity.

It may well be someone of much lower rank within the management structure. ” In that sense, then, this part of the definition expands the original circle of persons to be identified. ” The focus is not on the obligation of service providers to identify the beneficial owner of a vehicle as such, but rather on those people who exercise ultimate effective control over a corporate vehicle—that is, the parties who, regardless of any service provision, control what happens to the assets. 4 Applying the Concept of Beneficial Ownership in Practice Fortunately, in the majority of cases, identifying the beneficial owner is easier than the theoretical discussion would suggest.

A Recommendation 3. Countries should develop a clear formal standard for identifying standard parties likely to be the beneficial owner but should require deeper inquiry in high-risk scenarios. To maintain the focus on the substantive, economic meaning of beneficial ownership, countries that have adopted a formal approach should make it clear in legislation and guidance that the pertinent threshold is a minimum standard. They should also make it clear that reporting institutions (financial institutions, trust and company service providers, and others) have a legal obligation when confronted with suspicious circumstances to undertake further inquiry to identify and record information on other parties who appear relevant.

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