Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Time for a Free Public Registry of Corporate Beneficial Ownership in the U.S.

Time for a Free Public Registry of Corporate Beneficial Ownership in the U.S.

In the tumult of recent weeks, a major legislative milestone in the American fight against kleptocracy has sneaked by almost unnoticed. It demands our attention, especially because its work is only half done.

On Jan. 1, the Corporate Transparency Act (CTA) was signed into law, when Congress overrode then-President Donald Trump's veto of the National Defense Authorization Act, to which it was attached.

The CTA mandates that the incorporators of new corporations or limited liability partnerships will have to file annually to the Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN), listing the names, dates of birth, addresses, and official identification numbers of the beneficial owners of such entities.

But the CTA is a half measure, because the new legislation doesn't include the formation of a central, searchable database to help get this crucial information out into the open. The public has the right to know the names behind these corporations, which have the same legal privileges as humans. The public in this case includes individuals who may have been defrauded, the divorcing spouse who suspects a partner is concealing assets, and journalists investigating possible criminality.

Those of us who have researched companies in the U.K. know just how far the CTA falls short, and how much better things could be if the U.S. copied the British model.

One night in November 2011, sitting at home in New York, I went to the U.K.’s Companies House website and typed in the name of a company I suspected was a criminal enterprise. I was doing this in my capacity as an investigative journalist, but the information I sought was accessible to anyone, and it was inexpensive.

Companies House is a self-financing U.K. government agency staffed by civil servants, its primary purpose being to enable British citizens to register companies and file annual returns. Currently, every one of the 4.3 million companies spanning England, Wales, Scotland, and Northern Ireland, be they private or public, big or small, must file information on their directors and controlling shareholders annually with Companies House, in addition to their annual account filings.

Because of this comprehensiveness, Companies House also serves a secondary function: It allows citizens to research companies they are suspicious of. As a result, Companies House is the first stop for any journalistic investigation involving U.K. entities.

As I searched that night in New York, I soon found not only the address of the company I was looking into — a private house — but also the names of the company directors. Within an hour I knew that these directors had between them started more than 40 companies from the same house. After one particular name piqued my interest, a private banker was immediately able to tell me it belonged to the former infrastructure czar of an Arab country.

This was the first step in the discovery of a giant transnational kickback and money laundering ring later detailed in the international press, but it would not have been possible without Companies House.* To this day it would not be possible at all in the U.S., where no equivalent database exists.

In the U.S. there is no central national registry of companies; this function is instead handled by the secretaries of state of the 50 separate states. Many states, like Delaware, offer no public information about these companies, other than their incorporation dates and registered agents. More than 1 million corporations are registered in Delaware, partly because tax is not collected on the portion of Delaware corporations’ income that is generated out of state.

Five companies related to the scandal-plagued consulting firm Cambridge Analytica LLC were registered in Delaware, but it was only after a leak to the New York Times that it became apparent that the hedge fund manager Robert Mercer was among its main investors. We still don’t know the other shareholders, but we know that former Trump adviser Steve Bannon was a director, because he had to file White House disclosure forms.

Most state registries are cumbersome to use and low on information. They are also often expensive: Delaware charges $10 or $20 for a corporation’s status or history. Commercial aggregators are available to the public, but they, too, are pricey. The closest thing we have to a free, transnational registry is the excellent opencorporates.com, but it offers no more information than the original reporting jurisdictions. Another great resource is the website of the International Consortium of Investigative Journalists, but again there are limitations on what can be found in a single place.

In comparison, it’s hard to overestimate just how useful Companies House is. Each director's birth month and year is noted. Changes of company name or address are also tracked, which can be extremely helpful when it comes to tracing criminal companies, which often change addresses and names. In addition, Companies House maintains a list of disqualified directors, and persons who have declared bankruptcy. A few years ago, all Companies House filings were made available to download free of charge.

The U.S. has long had the best enforcement capabilities in the world. But to end the concealment of the fruits of kleptocracy, you need information, plus enforcement, plus political will. An American version of Companies House could be phased in gradually, starting with newly formed companies. Ideally, ownership information from individual state registries could be scraped and folded into this central database, offering the public a vital resource.

The U.S. effort could begin with a requirement to file details on beneficial ownership, before moving on to the annual filing of accounts, to reduce the initial regulatory burden. Ultimately, the database could be integrated with federal-level taxation, to ensure that accounts filed by companies to the Internal Revenue Service tally with those being reported to America’s Companies House.

With a new focus on information gathering, a central public registry, and the backing of a Biden administration truly committed to cleaning house, consequential change is possible. It's time the U.S. stopped being an attractive home for dubious companies.

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Miliband Sets Climate and International Law at Centre of UK Diplomacy
Czech Central Bank Governor Rejects Early Euro Entry and Rate-Cut Pressure
Trump Readies New Tariffs as Temporary Global Levy Nears Expiry
Vivienne Westwood Casts Cicciolina, 74, in Its New Autumn Campaign
Dejavu: Germany’s Military Expansion Reshapes Europe’s Strategic Balance With France
Morgan Stanley Builds a Wall Street Lead in AI Infrastructure Finance
High Prices Push Coffee Drinkers Toward Whole Beans and Home Brewing
Trump Draws Boos and Podium Scrutiny at Spain’s World Cup Triumph
Brilliant move: Péter Magyar Moves to Nominate Chess Grandmaster Judit Polgár as Hungary’s President
Spain Defeats Argentina in Extra Time to Win Second World Cup
Current AI Seeks to Build an Open Global AI Infrastructure Outside Big Tech Control
Germany’s Economic Malaise Reopens the Sunday Shopping Debate
Proposed U.S.-Saudi Nuclear Pact Could Permit Limited Uranium Enrichment Under International Safeguards
Netherlands Declares Water Shortage Emergency After Drought Pushes Rivers to Historic Lows
Why Kentucky Fried Chicken Became KFC—and Why the False Explanations Persist
Ukrainian Drones Strike Wildberries Warehouses Deep Inside Russia
Reported CIA Mission Helped Clear the UAE’s Path to Advanced US AI Chips
Artificial Intelligence Capital Fuels Markets While Governments and Regulators Face Mounting Strategic Tests
China’s Moonshot’s Kimi K3 Narrows the Gap With Anthropic Through Scale, Openness and Lower Cost
The Ledger Will Not Trust on Faith
Trump Administration Pressures Banks to Restrict Financial Access for Undocumented Immigrants
Passenger Bound for Germany Refused to Sit Beside a Woman on a Plane — Then Slapped a Flight Attendant
Ukraine’s Leadership Rift Spills Into the Streets as Protesters Target Army Chief
Ukrainian Drone Barrage Kills Eight and Strikes Russian Logistics Network
The Ten World Cup Finals That Defined Football History
Smartphones Are Getting More Expensive, Sales Are Collapsing, and Even Apple Admits: "Prices Will Rise"
The Monaco Bombing Has Become a Test of Ukraine’s Intelligence Accountability
Leadership Change and Strategic Rivalry Redraw the Political Map
The AI Race Enters Its Infrastructure Era
Britain Nationalises British Steel to Protect Scunthorpe Production and Strategic Supply
French National Assembly Overrides Senate to Pass Historic Assisted-Dying Legislation
Spanish Prime Minister's Wife Ordered to Stand Trial as Corruption Probes Encircle Governing Party
Zelensky Faces Kyiv Protests Over Ousting of Dynamic Ukrainian Defense Minister
Thomas Tuchel Faces Fierce Backlash After Tactical Retreat Costs England World Cup Final Berth
A Quiet Bastille Day: France Grapples with World Cup Heartbreak and Leftover Fireworks
Spain in Ecstasy: "We Feel Unbeatable, We Taught the Whole World a Lesson"
Spain and UK Dismantle Gibraltar Border Following Landmark Schengen Integration Treaty
Hungary's "Puppet" President to Be Ousted, Orbán Fumes: "Democracy Is Dead"
Forget Tinder: The Surprising Platform Where People Find Love
Harvard Astrophysicist to Lead U.S. Scientific Advisory on Unidentified Aerial Phenomena
Emergency Sirens Activated Across Bahrain as Interior Ministry Issues Shelter Directives
World Cup Visitors Turn American Big-Box Stores Into Souvenir Stops
Netflix Weighs Always-On Channels, Bundles and Short-Form Video
Passenger Is Pulled Partly Outside Ryanair Jet After Window Fails Mid-Flight
The AI Invoice Shock: Layoffs Didn't Save Managers Money — They Cost Them More
Concern: Sexually Transmitted Bacterium Among Men Develops Antibiotic Resistance
Passenger Partially Pulled Out of Ryanair Jet After Cabin Window Fails Mid-Flight
Severe Heatwave Drives Dangerous Ground-Level Ozone Pollution Across Two Thirds of European Union
The Physical and Electronic Barriers Disrupting Domestic Wireless Networks
France and Morocco Open World Cup Quarter-Finals as Collina Defends Refereeing
×