13 Amendments of Ashley FOX related to 2016/0208(COD)
Amendment 99 #
Proposal for a directive
Recital 26
Recital 26
(26) A fair balance should be sought in particular between the general public interest in corporate transparency and, law enforcement duties in the prevention of money laundering and terrorist financing and the data subjects' fundamental rights. The set of data to be made available to the public should be limited, clearly and exhaustively defined, and should be of a general nature, so as to minimize the potential prejudice to the beneficial owners. At the same time, information made accessible to the public should not significantly differ from the data currently collected. In order to limit the interference with the right to respect for their private life in general and to protection of their personal data in particular, that that information should relate essentially to the status of beneficial owners of businesses and trusts, and should strictly concern the sphere of economic activity in which the beneficial owners operaMember States should be allowed to identify any person, who requests information from the register.
Amendment 103 #
Proposal for a directive
Recital 28
Recital 28
(28) The personal data of beneficial owners of companies should be publicly disclosed in order to enable third parties and civil society at large to know who the beneficial owners are. The enhanced public scrutiny will contribute preventing the misuse of legal entities and legal arrangements, including tax avoidance. Therefore, it is essential that this information remains publicly available through the national registers and through the system of interconnection of registers for 10 years after the company has been struck off from the register. However, Member States should be able to provide by law for the processing of the information on beneficial ownership, including personal data for other purposes if such processing meets an objective of public interest and constitutes a necessary and proportionate measure in a democratic society to the legitimate aim pursued.
Amendment 105 #
Proposal for a directive
Recital 33
Recital 33
(33) Currently, companies and similar legal entities active trusts with tax consequences in the Union are under an obligation to register their beneficial ownership information, whereas the same obligation does not apply to allother types of trusts and other legal arrangements which present similar characteristics such as Treuhand, fiducies or fideicomiso set up in the Union. With a view to ensure that the beneficial owners of all legal entities and. The Commission should work with Member States, industry and relevant international bodies, including the Financial Action Task Force and the Global Forum on Transparency and Exchange of Information for Tax Purposes, to analyse which legal arrangements operating , including the Union are properly identified and monitored under a corusts, Treuhand, fiducies and fideicomiso, present risks of money laundering or terrorist financing and whether there is a need for minimum harmonisation within the EU on the rent and equivalent set of conditions, rgistration requirements for these legal arrangements. Rules regarding the registration of the beneficial ownership information of trusts by their trustees should be consistent with those in place in respect of the registration of beneficial ownership information of companiesimilar legal arrangements.
Amendment 111 #
Proposal for a directive
Recital 34
Recital 34
(34) It is essential to take into account the particularities of trusts and similar legal arrangements, as far as publicly available information on their beneficial owner is concerned. Irrespective of their qualification under national law, a distinction should be drawn between, on the one hand, trusts which consist of any property held by or on behalf of a person carrying on a business which consists of or includes the management of trusts, and acting as trustee of a trust in and other legal arrangements similar to trusts that have qualifying ownership or control over another course of that business with a view to gain profrporate or other entit,y and, on the other hand, any other trusts or other legal arrangements similar to trusts. Given the nature of the first category of trusts, information on their beneficial owners and other legal arrangements similar to trusts, information on their trustees, or any individuals holding a similar position of direct or indirect control of a corporate or other legal entity should be made publicly available through compulsory disclosure. Access should be given to the same limited set of data on the beneficial owner as in the case of companrporate and other legal entities.
Amendment 113 #
Proposal for a directive
Recital 35
Recital 35
Amendment 114 #
Proposal for a directive
Recital 35
Recital 35
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
(-1) in point (3) of Article 2(1), point (e) is replaced by the following: ‘(e) other persons trading in goods to the extent that payments are made or received in cash in an amount of EUR 10 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;'
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 –subparagraph 1
Article 31 – paragraph 1 –subparagraph 1
Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fTreuhand, Stiftung, Privatstiftung, Usufruct Fiduciea, Treuhand or fideicomisoor Fideicomiso, and all other similar in terms of structure or function, existing or future legal arrangements.
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2015/849/EU
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall ensure that the information held in the register referred to in paragraph 3a is accessible in a timely and unrestricted manner by competent authorities and FIUs, without alerting the parties to the trust concerned. They shallmay also ensure thatprovide obliged entities are allowed timely access to that information, pursuant to the provisions on customer due diligence laid down in Chapter II. Member States shall notify to the Commission the characteristics of those mechanisms.
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraphs 4 a and 4 b
Article 31 – paragraphs 4 a and 4 b
Amendment 333 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2015/849/EU
Article 31 – paragraph 7 a
Article 31 – paragraph 7 a
Amendment 355 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2015/849/EU
Article 32 a – paragraph 1
Article 32 a – paragraph 1
1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling payment accounts as defined in Directive 2007/64/EC and bank accounts held by a credit institution within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms.
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2015/849/EU
Article 39 – paragraph 3
Article 39 – paragraph 3