chrismeller a year ago

Fun fact, Estonia’s commercial register is still available and, as far as I can tell, never had anything to do with complying with EU regulation, but was completely internally legislated.

Similar to the US federal law vs. states, one not enforcing it anymore doesn’t necessarily mean that the rest won’t keep doing it.

https://ariregister.rik.ee/eng

  • MichaelZuo a year ago

    Doesn't seem like it?

    I tried searching up some examples of subsidiaries of larger companies and the 'Beneficial Owners' section doesn't actually contain who ultimately owns the company.

    For example Toyota in Estonia:

    Toyota Baltic Aktsiaselts (10234087) https://ariregister.rik.ee/eng/company/10234087?active_tab=r...

    Has 1 board member listed.

    SIA Toyota Material Handling Baltic Eesti filiaal (11629379) https://ariregister.rik.ee/eng/company/11629379/SIA-Toyota-M...

    Has no one listed at all, which would be illegal?, if the law mandates it.

    Eesti Toyota Ühing (80226178) https://ariregister.rik.ee/eng/company/80226178/Eesti-Toyota...

    Has 3 board members listed.

    • chrismeller a year ago

      Toyota Baltic has a shareholder and beneficial owner listed, which seems to be compliant.

      SIA Toyota Material Handling is the registration of a foreign company (Latvia), and says beneficial owner information isn’t required, presumably because it’s up to their home country to get that data.

      Eesti Toyota lists their board members as beneficial owners. If you note their areas of activity it’s “Associations and social clubs related to recreational activities, entertainment, cultural activities or hobbies”, so I’d say not actually related to Toyota like you thought.

      • MichaelZuo a year ago

        Huh the last linked company does appear to be purely recreational. Though of course it's still not ultimately owned by just those three, unless Estonian 'Associations and social clubs' are very different from what I understand.

        I'm surprised Toyota HQ would let them use their name on official documents if it's completely unrelated.

        For Toyota Baltic, obviously the sole listed board member is not the 'Ultimate Beneficial Owner' or even any 'Beneficial Owner' since Toyota Baltic is a legally controlled subsidiary of a much much larger company.

        Which the board member does not own, nor are they likely to be the sole beneficial owner of any intermediate holding company.

        The 'Beneficial Owner' is very very likely just a legal representative.

  • chrisandchris a year ago

    Quedtion: What exactly is public in EU/Estonia? E.g. in Switzerland, one can see share holders of limited companies (GmbH) but not for Aktiengesellschaft (public companies).

    • chrismeller a year ago

      In Estonia I believe anyone who holds more than 10% of shares has to be listed for a public company while private has to list everyone.

  • profstasiak a year ago

    u discount the power of business lobby. Also a lot of EU regulations have to be internally legislated.

    Anyway I find it weird anyone can see how much profit my company had last year

betaby a year ago

Making finding of the companies owned by Russian oligarch basically impossible. Regular pedestrians can no longer find the info, while gov agencies / bureaucrats have no interest. As usual, (un)intended consequences.

greatgib a year ago

It is a difficult question, because on one side, sure it is very useful for citizen to have access to these info. But on the other side, I was always stunned that just because owning or operating a company, all your private info had to be public. These kind of registers are very bad for privacy rights.

In all case, the worst thing with this decision about the UBO is that a lot of money laundering regulation and co force company to check UBO of customer and provider companies and it is complicated to request that all the time from companies themselves and ensure that the statement are truthfull.

  • iudqnolq a year ago

    I don't think people have a natural right to create a legal entity that shields them from consequences, so I think it's fine for society to add conditions.

    I think a reasonable compromise with privacy would be to remove the residential address and ID number, but keep name, DOB, and nationality.

    • caslon a year ago

      Why should a person be forced to give their name? Plenty of HN users run internet businesses. Doesn't it suck that to deliver a service for anyone online commercially you have to dox yourself? Some of the best things in the world have been made by people who aren't willing to part with that information.

      What the EU has done is incredible.

    • Aerroon a year ago

      But not every business is an LLC. They all go onto the register anyway. In some cases that includes self-employed people.

      • seppel a year ago

        These registers are only for legal entities (at least in Germany). And it has nothing to do with doing business.

    • nicbou a year ago

      People have a right to privacy in the EU

betaby a year ago

As the same time tax records and mailing addresses for the regular folks in Sweden (EU member) will continue to be open I suppose?

  • amurf a year ago

    Until someone files a complaint at the same court.

    • NoboruWataya a year ago

      Given that it's a Swedish law that only applies within Sweden, I wonder if the ECJ would take jurisdiction as there isn't really an EU element to it.

      • MichaelZuo a year ago

        Does the ECJ only have jurisdiction over cases that cross national borders?

        • M2Ys4U a year ago

          Sort of, in that the court's role is to be the authoritative interpreter of EU law, and EU law crosses national borders by definition.

          But all domestic law in EU member states must comply with EU law, so the court can rule on domestic law insofar as it is to determine compatibility with EU law.

          • MichaelZuo a year ago

            How does it address the issue that all laws can conceivably affect trade, and other activities, across borders, via sufficient degrees of separation?

NKosmatos a year ago

One of the stupid rulings in favor of EU oligarchs. Yes, EU oligarchs not Russian ones. They hide behind corporate entities, shell companies, shady legal operations and they claim GDPR for everything. Nowadays it’s very difficult to find out who is behind every company, but there’s an easy way to do it without violating sensitive info. Just publish the name(s) of the real owner without any other personal data (address, phone, DOB and so on).

  • hypertele-Xii a year ago

    > they claim GDPR for everything

    What does this mean?

    • ChuckNorris89 a year ago

      It means the rich and corrupt people (they're lawyers) use the EU's strong data protection regulations to hide from the public knowing the extent of their wealth, businesses and influence.

      • yrgulation a year ago

        Car mileage criminals and official car dealers too. They hide behind gdpr to not reveal mileage, and accidents particularly on cars from germany.

personomas a year ago

The EU is going dramatically overboard with privacy rights (aka GDPR). It's causing a lot of dont-talk-to-your-neighbor-because-you-might-break-privacy-laws issues, and causing prices to rise across the board.

  • eternityforest a year ago

    And I kind of blame the tech community for it.

    • nickpp a year ago

      The tech angle was just an excuse. The real reason was to protect old European money scared by the newcomers.

      • eternityforest a year ago

        Maybe partly, but I'm pretty sure it's grassroots. The tech community loves privacy and is willing to accept large amounts of cost and inconvenience for it, to the point of many appearing to view tech as a net negative due to the spying.

        • nickpp a year ago

          The great majority of people do not care about "privacy" and gladly give it away for something as frivolous as Facebook or TikTok.

          So it wasn't a democratic process that gave birth to GDPR. Now tech is pretty underrepresented in EU, but old money is not.

          • eternityforest a year ago

            The great majority of people in general, myself included, seem to not care about privacy all that much, although they say they do, and at least I personally care about right to encrypt and truthful advertising.

            The tech community is different though. And public perception of GDPR is heavily influenced by tech bloggers, hardly anyone else thinks or talks about this stuff.

            Could be all about old money, but programmers sure seem to love it.

            • nickpp a year ago

              > programmers sure seem to love it

              Unless they have to implement it. It sure is a pain! :)))

  • M2Ys4U a year ago

    >It's causing a lot of dont-talk-to-your-neighbor-because-you-might-break-privacy-laws issues

    Well that's explicitly out of scope of the GDPR, so it shouldn't cause those issues.

    Article 2(2):

    >This Regulation does not apply to the processing of personal data [...] by a natural person in the course of a purely personal or household activity

    and even if that wasn't the case, unless you're performing automated processing or using a filing system, it's out of scope due to Article 2(1) as well.

    • personomas a year ago

      not literally your neighbor, just general privacy fears, and cultural stigmas that every person deserves the right to unending privacy

bennysonething a year ago

Why is the EU doing this?

  • ehvatum a year ago

    So that, next time, Gerhardt Schroeder can stay on the Gazprom board of directors in exchange for Russian ownership of German industry.

  • M2Ys4U a year ago

    Because the EU, and specifically the Court of Justice in this instance, believes in having a strong human rights framework where the right to privacy is vital.

lizardactivist a year ago

What a boon for the US conglomerates this would be.