There’s a growing trend among regulatory authorÂities to enhance transÂparency regarding the ownership and control of companies, particÂuÂlarly in offshore jurisÂdicÂtions like the British Virgin Islands (BVI) and Cyprus, as well as onshore areas such as the United Kingdom. At the core of this initiative is the identiÂfiÂcation of Ultimate Beneficial Owners (UBOs), who are the individuals that ultimately own or control the company, even when their ownership is obscured by layers of corporate entities.
The concept of UBOs gained immense traction following the global push for anti-money laundering (AML) initiaÂtives and the fight against tax evasion. In response, the UK, BVI, and Cyprus have taken steps to improve the mechaÂnisms through which UBOs are disclosed and monitored, thus addressing concerns related to financial crime and enhancing corporate goverÂnance.
In the UK, the requireÂments for UBO regisÂtration have been formalized through the People with SignifÂicant Control (PSC) register, estabÂlished under the Small Business, EnterÂprise and Employment Act 2015. This register mandates that UK companies identify their PSCs—individuals with signifÂicant ownership or control—by providing relevant inforÂmation to Companies House. The inforÂmation available in this register is public, thereby contributing to transÂparency and accountÂability within the UK corporate landscape.
Contrasting the UK’s approach, the BVI has impleÂmented its own UBO registry through the BVI Business Companies Act, which requires companies to maintain records of their beneficial owners. While this registry is not fully public, the BVI government has committed to sharing this inforÂmation with law enforcement and regulatory bodies, thus aiming to improve interÂnaÂtional cooperÂation and compliance with AML regulaÂtions. As of now, the BVI operates a ‘whitelist’ of jurisÂdicÂtions fulfilling their standards for transÂparency, which affects their compliance obligÂaÂtions signifÂiÂcantly.
Cyprus also plays a signifÂicant role in the mapping of UBOs, particÂuÂlarly through its robust legal framework and alignment with European Union standards. The country has estabÂlished the beneficial ownership registry through its amendÂments to the Prevention and Suppression of Money Laundering ActivÂities Law. Like the UK, Cyprus has a focus on public access to UBO inforÂmation, although there are specific condiÂtions regarding the privacy and accesÂsiÂbility of this data. Companies in Cyprus must declare their beneficial owners to the Department of Registrar of Companies, which provides a resource for both domestic and interÂnaÂtional compliance, while also working to combat money laundering activÂities.
The alignment in policies across these regions illusÂtrates a collabÂoÂrative approach towards tackling issues of transÂparency, which resonates well with interÂnaÂtional organiÂzaÂtions advocating for reform. The prolifÂerÂation of UBO registries has not only been beneficial in enhancing regulatory practices but also in fostering trust in corporate strucÂtures. As jurisÂdicÂtions continue to evolve their frameÂworks surrounding UBO mapping, effective cooperÂation among interÂnaÂtional tax authorÂities and financial instiÂtuÂtions becomes paramount to ensure compliance and to uphold the integrity of financial systems.
To sum up, the mapping of UBOs across BVI, Cyprus, and the UK repreÂsents a signifÂicant step in the global movement towards increased transÂparency. By impleÂmenting rigorous frameÂworks to identify and track beneficial ownership, these jurisÂdicÂtions are striving to create more secure and responÂsible financial environÂments, which reflects their commitment to combating financial crimes.