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Author: Paul Beckett
Publisher: Routledge
ISBN: 0429782004
Category : Business & Economics
Languages : en
Pages : 191
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Book Description
There is something visceral about ownership. This is mine; you can’t have it. This is mine; you can share it. This is ours. Try to find it. Contemporary literature and investigative journalism are showing that the scale of the problem of tax evasion, money laundering, organised crime, terrorism, bribery, corruption and gross human rights abuses is vast. Ownership – specifically, the quest to identify beneficial owners - has been chosen by national and international regulators as the touchstone, the litmus test in the fight back. An owner by definition must possess something for which they are financially accountable. But what is meant by "ownership"? This book explains why ownership is pivotal to accountability, and what ownership means in common law, civil law and Shariah law terms. It looks in detail at State, regional and international transparency strategies and at an equally powerful global private counter-initiative to promote beneficial ownership avoidance through the use of so-called "orphan structures". Where there is no owner, there is no accountability. The distinction between privacy and legitimate confidentiality on the one hand, and concealment on the other is explained with reference to commercial and trade law and practice, principles of corporate governance and applicable business human rights. This book introduces one further counter initiative: the phenomenon of transient ownership made possible through the use of cryptocurrency and the blockchain. The study concludes with a blueprint for action with recommendations addressed to states, international organisations, practitioners and other stakeholders.
Author: Paul Beckett
Publisher: Routledge
ISBN: 0429782004
Category : Business & Economics
Languages : en
Pages : 191
Get Book Here
Book Description
There is something visceral about ownership. This is mine; you can’t have it. This is mine; you can share it. This is ours. Try to find it. Contemporary literature and investigative journalism are showing that the scale of the problem of tax evasion, money laundering, organised crime, terrorism, bribery, corruption and gross human rights abuses is vast. Ownership – specifically, the quest to identify beneficial owners - has been chosen by national and international regulators as the touchstone, the litmus test in the fight back. An owner by definition must possess something for which they are financially accountable. But what is meant by "ownership"? This book explains why ownership is pivotal to accountability, and what ownership means in common law, civil law and Shariah law terms. It looks in detail at State, regional and international transparency strategies and at an equally powerful global private counter-initiative to promote beneficial ownership avoidance through the use of so-called "orphan structures". Where there is no owner, there is no accountability. The distinction between privacy and legitimate confidentiality on the one hand, and concealment on the other is explained with reference to commercial and trade law and practice, principles of corporate governance and applicable business human rights. This book introduces one further counter initiative: the phenomenon of transient ownership made possible through the use of cryptocurrency and the blockchain. The study concludes with a blueprint for action with recommendations addressed to states, international organisations, practitioners and other stakeholders.
Author: Joe McGrath
Publisher: Springer Nature
ISBN: 3030887154
Category : Social Science
Languages : en
Pages : 234
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Book Description
This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime ( in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a “trajectory towards professionalisation” of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms’ and individuals’ behaviours.
Author: Piotr Mikuli
Publisher: Routledge
ISBN: 1000424677
Category : Law
Languages : en
Pages : 225
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Book Description
This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.
Author: Paul Beckett
Publisher: Taylor & Francis
ISBN: 104000055X
Category : Law
Languages : en
Pages : 236
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Book Description
This book explores the connection between ownership, on one hand, and immunity from legal responsibility, on the other. It presents a definition of the concept of beneficial ownership, the reasons for its concealment, and failures in international legal structures and arrangements. Globally, States confront complex criminality, such as corruption, tax evasion, doctrinal fanaticism, trafficked slaves, terrorism and, war. At the personal level, men and women may seek to escape their creditors, to disinherit unwanted heirs, to cheat divorced partners, and to appear straightforward when this is not the case. The response of politicians and regulators has been a global State initiative to identify beneficial owners via public registers to promote transparency and accountability. Yet, at the same time, there is an equally powerful global and personal counter-initiative to promote beneficial ownership avoidance. Where there is no owner, there is no accountability. This book examines what “ownership” means in legal terms across multiple legal systems and explains why singling out “ownership” as being pivotal to State and personal accountability is a strategy both flawed and disingenuous. It is argued that an apparent lack of political will coupled with shape-shifting definitions of “ownership” have resulted in tokenism. Particular attention is paid to those “orphan” structures which have evolved from standard models, or which have been designed for the purpose in each case of facilitating ownership concealment and avoidance. The author explains how the virtual world of the blockchain, crypto-assets and cryptocurrency, and virtual entities such as the Decentralised Autonomous Organisation (DAO), all of which elude legal classification, have opened a new world of possibilities. Applicable across all jurisdictions and legal systems, the book will be a valuable resource for academics, researchers, and policy-makers working in the areas of Financial Crime, Regulation, Compliance, Business, and Accountancy.
Author: Paul Beckett
Publisher:
ISBN: 9781032544823
Category : Avoidance (Psychology)
Languages : en
Pages : 0
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Book Description
"This book explores the connection between ownership, on one hand, and immunity from legal responsibility, on the other. It presents a definition of the concept of beneficial ownership, the reasons for its concealment, and failures in international legal structures and arrangements. Globally, States confront complex criminality, such as corruption, tax evasion, doctrinal fanaticism, trafficked slaves, terrorism and war. At the personal level, men and women may seek to escape their creditors, to disinherit unwanted heirs, to cheat divorced partners and to appear straightforward when this is not the case. The response of politicians and regulators has been a global State initiative to identify beneficial owners via public registers to promote transparency and accountability. Yet, at the same time, there is an equally powerful global and personal counter-initiative to promote beneficial ownership avoidance. Where there is no owner, there is no accountability. This book examines what "ownership" means in legal terms across multiple legal systems and explains why singling out "ownership" as being pivotal to State and personal accountability is a strategy both flawed and disingenuous. It is argued that an apparent lack of political will coupled with shape-shifting definitions of "ownership" have resulted in tokenism. Particular attention is paid to those "orphan" structures which have evolved from standard models or which have been designed for the purpose in each case of facilitating ownership concealment and avoidance. The author explains how the virtual world of the blockchain, crypto-assets and cryptocurrency, and virtual entities such as the Decentralised Autonomous Organisation (DAO), all of which elude legal classification, have opened a new world of possibilities. Applicable across all jurisdictions and legal systems, the book will be a valuable resource for academics, researchers and policy-makers working in the areas of Financial Crime, Regulation, Compliance, Business and Accountancy"--
Author: Paul R. Beckett
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110985101
Category : Business & Economics
Languages : en
Pages : 430
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Book Description
Tax havens in offshore lands like Switzerland, the Cayman Islands and the Bahamas were once considered a rarity, the preserve of the super-rich. Today, they are big business available to the masses. Their goal? To avoid any form of accountability. Own nothing. Possess everything. Be answerable to no one. Where are these tax havens? What forms can they take? What future lies in store for them, and why should we care? An Anatomy of Tax Havens: Europe, the Caribbean and the United States of America answers these questions, and more, in the first comparative study in one volume of European, Caribbean and United States tax havens. It examines their simple origin to the extreme forms some take today, delving into the murky subculture that has deliberately made them impenetrably obscure. Uniquely, it combines detailed technical expertise (regulatory regimes, financial crime, legal and equitable structuring) with an analysis of their impact on domestic and global political, economic, environmental and social concerns. An Anatomy of Tax Havens is a fascinating, informative read for a broad readership; from legal, accountancy and tax practitioners to compliance regulators, law enforcement agencies, and students and researchers interested in business studies, taxation, and crime.
Author: Alessandra Arcuri
Publisher: Routledge
ISBN: 1000390144
Category : Law
Languages : en
Pages : 346
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Book Description
Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0198034733
Category : Nature
Languages : en
Pages : 351
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Book Description
Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking.
Author: Jacob Soll
Publisher: Basic Books
ISBN: 0465036635
Category : History
Languages : en
Pages : 314
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Book Description
A “brilliant” (Los Angeles Review of Books) history of accounting, showing how financial and political accountability has shaped the rise and fall of nations and empires Whether building a road or fighting a war, leaders from ancient Mesopotamia to the present have relied on financial accounting to track their state's assets and guide its policies. Basic accounting tools such as auditing and double-entry bookkeeping form the basis of modern capitalism and the nation-state. Yet our appreciation for accounting and its formative role throughout history remains minimal at best-and we remain ignorant at our peril. Poor or risky practices can shake, and even bring down, entire societies. In The Reckoning, historian and MacArthur "Genius" Award-winner Jacob Soll presents a sweeping history of accounting, drawing on a wealth of examples from over a millennia of human history to reveal how accounting has shaped kingdoms, empires, and entire civilizations. The Medici family of 15th century Florence used the double-entry method to win the loyalty of their clients, but eventually began to misrepresent their accounts, ultimately contributing to the economic decline of the Florentine state itself. In the 17th and 18th centuries, European rulers shunned honest accounting, understanding that accurate bookkeeping would constrain their spending and throw their legitimacy into question. And in fact, when King Louis XVI's director of finances published the crown's accounts in 1781, his revelations provoked a public outcry that helped to fuel the French Revolution. When transparent accounting finally took hold in the 19th Century, the practice helped England establish a global empire. But both inept and willfully misused accounting persist, as the catastrophic Stock Market Crash of 1929 and the Great Recession of 2008 have made all too clear. A masterwork of economic and political history, and a radically new perspective on the recent past, The Reckoning compels us to see how accounting is an essential instrument of great institutions and nations-and one that, in our increasingly transparent and interconnected world, has never been more vital.
Author: Richard Miller Bird
Publisher: World Bank Publications
ISBN: 9780821331866
Category : Business & Economics
Languages : en
Pages : 488
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Book Description
World Bank Discussion Paper No. 271. This study incorporates data from comparable surveys across five African countries--Ghana, Malawi, Mali, Senegal, and Tanzania--to analyze how small and micro enterprises have been positively and negatively affected by policy liberalization schemes. Some grow rapidly by adapting their products, while others stagnate because of import competition and increased self- employment. Comparisons were made between small firms, with 6 to 49 workers, and microenterprises, with fewer than 6. The study suggests a two-pronged strategy: (1) to facilitate widespread participation in microenterprises, broad measures are needed to lower the costs of entry, generate demand for their goods and services, raise the educational level and incomes of the poor, and encourage informal financial institutions; (2) to stimulate growth of potentially dynamic enterprises, well-targeted measures may be appropriate to lower the costs of entry, increase access to credit, and provide demand-driven business services. Also available in French (ISBN 0-8213-3907-0) Stock No. 13907.
