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Lord Callanan

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Callanan, Lord (64)

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Lords motion to consider. Agreed to on question.

Lead member
Lord Callanan
Answering member
Lord McNicol of West Kilbride
Department
Department for Business, Energy and Industrial Strategy
Type
Debates on delegated legislation
Date
12 July 2022
Reference
823 cc428-439GC
House
House of Lords

My Lords, I beg to move that the draft Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022, which were laid before the House on 22 June 2022, be approved. These regulations

are a particular delight for me because I promised the House that we would have them...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
12 July 2022
Reference
823 cc428-431GC
House
House of Lords

I thank noble Lords for their support and their valuable contributions. I think the measure has a wide measure of support. I too pay tribute to the officials who have worked long and hard to bring this into operation.

Before I talk about this, I will answer the point from the...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
12 July 2022
Reference
823 cc435-6GC
House
House of Lords

Four affirmative and six negative, I am informed by the experts. So we will be back, yes. We will return, as they say.

These regulations are essential for the register to operate, so we can commence it and get the six-month countdown period started. There has been some debate about whether...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
12 July 2022
Reference
823 cc436-7GC
House
House of Lords

The answer to that question is: absolutely. It is kept deliberately—not vague; that is the wrong word. There is a wide scope here, because different individuals will be affected in different ways. They might be foreign diplomats, to take one example. There could be a number of different opportunities depending...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
12 July 2022
Reference
823 cc437-9GC
House
House of Lords

Moved by

Lord Callanan

1: Clause 4, page 2, line 19, at end insert “and, where applicable, the statement and information mentioned in subsection (2A)”

Member’s explanatory statement

This amendment requires an application for registration as an overseas entity to include the information and statement required by subsection (2A) (information about trusts).

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c34
House
House of Lords

First, I thank noble Lords for their comments. I do not disagree with the sentiments of a lot of what has been said. I say to the noble Lord, Lord Coaker, that I absolutely appreciate the points that he has made. This is a very complicated and technical area of...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 cc41-4
House
House of Lords

Indeed, I am happy to provide the reassurances that both noble Lords have asked for—in the case of the noble Lord, Lord Clement-Jones, in terms of the regulations, and in the case of the noble Lord, Lord Empey, that we see this as an iterative process. As I mentioned, this...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c44
House
House of Lords

First, I thank all noble Lords who have contributed to this debate. Before I address the amendments tabled, I reiterate the point I made earlier. This will be almost the first register of its kind in the world. We should accept that we are leading on this. I completely accept...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c55
House
House of Lords

I would be happy to debate with the noble Lord. When I queried this, my information was that Germany potentially has something similar, but nobody else. I am happy to exchange letters with him about numbers, but that is not the information I have.

Before I move on, perhaps I may...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 cc55-6
House
House of Lords

We are not opening the door. I assume that the companies the noble Lord is referring to are existing UK-registered companies; I know he has asked me a number of Written Questions about companies registered on the UK database, and I totally accept his point. He is pointing out an...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 cc56-8
House
House of Lords

I think it refers to rights of control—the actual percentage shareholding of the company—but if I am incorrect on that, I will certainly write to the noble Lord.

When the PSC regime was in development, significant analysis, including consultation, considered the question of thresholds. The threshold of more than 25% reflects...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 cc58-9
House
House of Lords

Yes, but they would have to be tabling notices to any potential beneficial owners in order to update the register. We think that if we have a yearly update, any third party transacting with that entity would then have sufficient legal certainty to be able to proceed. The point is...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c59
House
House of Lords

No, I do not disagree with that. It is, of course, perfectly possible—

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c60
House
House of Lords

Indeed it would be helpful, and that is why we have the transparency of the register in the first place. Returning to the point made by the noble Lord, Lord Vaux, it would indeed be possible for them to update it, and it is of course perfectly possible that the...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c60
House
House of Lords

Yes, that provides the required legal certainty to the third party that is buying it, at the expense of, perhaps, a certain amount of transparency for that 11.5-month period. So, yes, I accept that.

The annual update already requires an overseas entity to provide information about its current beneficial owners, as...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c61
House
House of Lords

Of course, we are constantly looking at these matters. The Treasury is implicitly engaged in pursuing crackdowns on the so-called enablers that the noble Lord has mentioned, and the anti-money laundering regulations exist. This register, which is a transparency measure, is designed to provide information to the public, HMRC and...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c62
House
House of Lords

I am happy to agree with the noble Lord. If there is one firm of accountants or one legal practice that is turning a blind eye to these provisions, there is a problem with which we need to deal. Nobody wants to see that; we want to give the UK...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c62
House
House of Lords

Yes. Obviously, a number of different government departments would be involved in doing this, but a number have been involved in putting the provisions into this Bill, and a number will be involved in the provisions of the next economic crime Bill. Of course, we want to take action against

notus-xml...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c62
House
House of Lords

The noble Lord often suggests setting up special Committees of this House. He will know that it is way above my pay grade to dictate to the House authorities what committees they wish to set up for examining particular Bills. I know from appearances that there are some extremely good...

Member
Lord Callanan (Conservative)
Type
Proceeding contributions
Date
14 March 2022
Reference
820 c63
House
House of Lords