Molly Ross Reviews the Economic Crime and Corporate Transparency Act 2023

The Economic Crime and Corporate Transparency Act (ECCTA) is a piece of legislation aimed at combating economic crime and increasing corporate transparency in the United Kingdom. Economic crimes are those that are committed for financial gain, such as fraud, money laundering, and corruption. These crimes can have a destructive impact on the economy, and the ECCTA is an effort to prevent such crimes from occurring.

The ECCTA would require companies to disclose their beneficial ownership information to Companies House, which is the UK’s registrar of companies. This information would be available to law enforcement agencies and others with a legitimate need for such information. The aim is to make it more difficult for criminals to use companies to launder money or engage in other financial crimes. It would establish a national registry of beneficial ownership information. The registry would be intended to provide a more comprehensive picture of the ownership of companies in the UK, and to make it more difficult for individuals or entities to hide their ownership of companies for illicit purposes.

The ECCTA would apply to all companies incorporated in the UK, as well as foreign companies that do business in the UK. This means that even foreign companies that do not have a physical presence in the UK would be required to comply with the ECCTA if they do business with British companies.

The ECCTA would also increase the penalties for individuals and companies that are found guilty of economic crimes. This is important because the current penalties for economic crimes are often not severe enough to deter individuals and companies from participating in such crimes. The ECCTA would also give law enforcement agencies new tools to investigate and prosecute economic crimes.

Supporters of the ECCTA argue that it is a necessary step in the fight against economic crime and that it will help to increase corporate transparency and accountability. However, the ECCTA has also faced criticism. Some opponents argue that the increased disclosure requirements could be burdensome for companies, particularly small businesses. Others argue that the national registry of beneficial ownership information could be vulnerable to hacking and other security breaches.

Despite the criticisms, the ECCTA has gained momentum in recent months. The bill has been introduced in both the House of Commons and the House of Lords, and there is cross-party support for the bill in both chambers. If the ECCTA is passed into law, it could have a significant impact on the fight against economic crime in the United Kingdom.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.

Molly Ross

This information was correct as of February 2024

 

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