Law Taxation Law

Defining Beneficial Ownership - Implications for preventing tax avoidance and tax evasion related IFFs in Africa

By Siddhesh Rao
Kluwer Law International December 2025

Specifications

ISBN-13
9789403545592
Publisher
Kluwer Law International
Publication
December 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Details

Defining Beneficial Ownership is a pioneering book providing the first comprehensive comparative legal study of beneficial ownership (BO) definitions and implementation in Africa, anchored in international frameworks such as Financial Action Tax Force Recommendations, the UN Convention against Corruption, the OECD’s Global Forum standards, the EU Anti-Money Laundering Directives, and the Extractive Industries Transparency Initiative.

The fight against illicit financial flows (IFFs) in Africa hinges on a simple question: Who ultimately owns and controls companies and assets? Across tax, anti-money laundering (AML), and corporate governance regimes, the concept of BO is central to identifying the natural persons behind legal structures. Yet, definitions, thresholds, and disclosure obligations vary widely between jurisdictions, creating exploitable gaps.

What’s in this book:

Using a descriptive-analytic method, the author examines the content, scope, and operationalization of BO requirements across:

  • tax transparency and exchange of information
  • anti-money laundering and counter-terrorist financing regimes
  • corporate law and governance structures, and
  • public procurement and extractive industry licensing

The analysis draws on detailed country case studies of Kenya, Nigeria, and South Africa, revealing both legal innovations and persistent enforcement challenges. The book also proposes a model BO definition.

How this will help you:

With its deep integration of comparative law, policy analysis, and practical reform measures, this book has no peers. It will be indispensable to:

  • tax and AML/Countering the Financing of Terrorism regulators
  • policymakers and legislative drafters
  • legal practitioners and compliance officers
  • academic researchers, and
  • civil society organizations advocating for transparency

Table of Contents

List of Abbreviations
List of Tables
Acknowledgement

CHAPTER 1. Introduction
CHAPTER 2. The Context of the Relationship Between Misuse of Legal Persons and Legal Arrangements and IFFs in Kenya, Nigeria and South Africa
CHAPTER 3. Transparency and Beneficial Ownership Legislation as the Solution to Prevent Misuse of Legal Persons and Legal Arrangements
CHAPTER 4. Normative Framework for the Definition of Beneficial Ownership
CHAPTER 5. Comparative Analysis of the Definition of Beneficial Ownership in Kenya, Nigeria and South Africa
CHAPTER 6. Outcomes and Conclusion

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