LEGAL REGIME OF BENEFICIAL OWNERSHIP IN CIVIL LAW SYSTEMS
DOI:
https://doi.org/10.5281/zenodo.16525342Keywords:
Beneficial ownership, civil law systems, anti-money laundering, corporate transparency, ultimate beneficial ownership, legal entity customersAbstract
This article examines the legal regime governing beneficial ownership within civil law jurisdictions, analyzing how these systems conceptualize, regulate, and implement beneficial ownership transparency requirements. Unlike common law systems that rely on trust structures and equitable ownership concepts, civil law jurisdictions have developed distinct approaches to beneficial ownership that reflect their codified legal traditions and emphasis on direct ownership rights.
References
See generally Austin W. Scott, William F. Fratcher & Mark L. Ascher, Scott and Ascher on Trusts § 1.1 (5th ed. 2006).
Financial Action Task Force, Guidance on Beneficial Ownership of Legal Persons (March 2023), https://www.fatf-gafi.org/en/publications/Fatfrecommendations/Guidance-Beneficial-Ownership-Legal-Persons.html.
Financial Action Task Force, Transparency and Beneficial Ownership, FATF Guidance 12 (Oct. 2014).
John Henry Merryman & Rogelio Pérez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America 1-4 (4th ed. 2018).
