Shell game: Britain makes a bold move on making firms say who owns them

Shell game: Britain makes a bold move on making firms say who owns them

Nov 2nd 2013 |From the print edition

CONCEALING a company’s ownership is legal in most countries. So long as you stay away from the stock exchange, you can register the owner as another firm or list a nominee (such as a friendly lawyer). Even using false or flimsy documents is often, in effect, risk-free. Checks are scanty: registrars record what they are told but often fail to check it. The result is a corporate vehicle that can prudently preserve privacy—or wreak mayhem. Global Witness, a London-based anti-corruption campaign, calls such anonymous shell companies the “global getaway cars for crime, corruption and tax evasion”.The British government said last year that it was planning to make companies identify their real owners. Now it has given details—and says that the registry will be public. Campaigners are exuberant. Supporters of corporate secrecy (they call it privacy), including lawyers’ and accountants’ groups, had lobbied hard against publishing ownership details, fearing it would increase the bureaucratic burden on firms, blunt Britain’s competitive edge and expose shareholders to harassment by cranks. But David Cameron spoke of a “need to shine a spotlight on who owns what and where money is really flowing”.

Business opinion has shifted sharply. The Confederation of British Industry and the Institute of Directors have both backed the move. Companies like knowing who they are dealing with. They think more transparency could improve Britain’s business environment. The proposal will affect 2.5m companies and partnerships. Most of these have simple arrangements, where the legal and beneficial owners are the same. But about 400,000 will need to come up with more information.

Campaigners have welcomed Mr Cameron’s announcement. But they want more details. How much data will be collected; how will it be checked, with what penalties for evaders; and will it be made available in user-friendly format?

Mr Cameron hopes other countries will follow his lead. Many like the idea of collecting better ownership information for law-enforcement, but most are wary of making the data public. Attention will focus on offshore financial centres with British links, some of which are notorious for the secrecy that they offer their corporate citizens. Most have offered to hold consultations, but show little enthusiasm for Mr Cameron’s sunlight.

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Kee Koon Boon (“KB”) is the co-founder and director of HERO Investment Management which provides specialized fund management and investment advisory services to the ARCHEA Asia HERO Innovators Fund (www.heroinnovator.com), the only Asian SMID-cap tech-focused fund in the industry. KB is an internationally featured investor rooted in the principles of value investing for over a decade as a fund manager and analyst in the Asian capital markets who started his career at a boutique hedge fund in Singapore where he was with the firm since 2002 and was also part of the core investment committee in significantly outperforming the index in the 10-year-plus-old flagship Asian fund. He was also the portfolio manager for Asia-Pacific equities at Korea’s largest mutual fund company. Prior to setting up the H.E.R.O. Innovators Fund, KB was the Chief Investment Officer & CEO of a Singapore Registered Fund Management Company (RFMC) where he is responsible for listed Asian equity investments. KB had taught accounting at the Singapore Management University (SMU) as a faculty member and also pioneered the 15-week course on Accounting Fraud in Asia as an official module at SMU. KB remains grateful and honored to be invited by Singapore’s financial regulator Monetary Authority of Singapore (MAS) to present to their top management team about implementing a world’s first fact-based forward-looking fraud detection framework to bring about benefits for the capital markets in Singapore and for the public and investment community. KB also served the community in sharing his insights in writing articles about value investing and corporate governance in the media that include Business Times, Straits Times, Jakarta Post, Manual of Ideas, Investopedia, TedXWallStreet. He had also presented in top investment, banking and finance conferences in America, Italy, Sydney, Cape Town, HK, China. He has trained CEOs, entrepreneurs, CFOs, management executives in business strategy & business model innovation in Singapore, HK and China.

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