The Ownership Rule: A Structural Vulnerability in Beneficial Ownership Disclosure and Its Implications for Global Financial Crime Governance
Abstract
Beneficial ownership transparency is central to global anti-money laundering and counter-terrorist financing (AML/CFT) efforts, as emphasized in the Financial Action Task Force (FATF) Recommendation 24.Many jurisdictions continue to rely on a 25 percent ownership threshold to identify reportable beneficial owners; however, its effectiveness is increasingly questioned.This study employs a qualitative comparative methodology combining doctrinal legal analysis, jurisdiction-specific case studies, and regulatory reports from major financial centers to assess whether threshold-based disclosure frameworks capture ultimate control.The analysis identifies five structural vulnerabilities: ownership fragmentation, nominee and proxy arrangements, cross-jurisdictional corporate layering, inconsistent application of control-based tests, and regulatory divergence.Comparative analysis of the United Kingdom, United States, European Union, United Arab Emirates, and Singapore demonstrate how institutional capacity, verification mechanisms, and supervisory practices shape transparency outcomes.The study proposes a shift toward comprehensive, risk-based, and intelligence-led disclosure systems supported by robust verification and crossborder interoperability.It contributes an analytical framework explaining how threshold-based rules generate systemic opacity and offers actionable policy recommendations to strengthen global financial integrity.
Fields of Study & Subjects
Crime
Illicit Activities
and Governance
Global Financial Regulation and Crises
finance
banking
and market dynamics
Publication details
- Journal / source
- Bank and Policy
- Volume
- 6
- Issue
- 2
- Pages
- 20–31
- Publication date
- 20 February 2026
- Language
- EN