On the vexed issue of trusts, whether they be domestic or, more likely, foreign, if they are of a discretionary nature, there is no absolute beneficiary, by their very definition. They may be tucked away in a trust deed in some foreign jurisdiction of which we do not have details. I have looked through the legislation and can see no way in which we can penetrate some of those trusts. I do not even know whether we should, because of the nature of discretionary trusts, for which there will be a list of potential beneficiaries but no absolute beneficiary. The legislation will catch absolute beneficiaries, but I cannot see how discretionary trusts can be caught or, frankly, ever could be.
Economic Crime (Transparency and Enforcement) Bill
Proceeding contribution from
Lord Mackinlay of Richborough
(Conservative)
in the House of Commons on Monday, 7 March 2022.
It occurred during Debate on bills on Economic Crime (Transparency and Enforcement) Bill.
Type
Proceeding contribution
Reference
710 c36 
Session
2021-22
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2022-03-08 13:16:15 +0000
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