2024年企业注册日益复杂，法律总顾问如何破局研究报告

Essential strategies forgeneral counsels Introduction International expansion helps companies tap into newmarkets, boost profitability and increase competitiveadvantage – but navigating complex regulatoryrequirements can be challenging and requires specialisedexpertise to ensure smooth operations. This sub-report builds on the findings of our GlobalBusiness Complexity Index (GBCI) 2024 by delving deeperinto the intricacies of managing entities globally and theassociated rules and regulations. The sub-report explores: 1.The double-edged sword of compliance– exploringthe benefits of an increasingly transparent system aswell as the complications this brings. Global entity management (GEM) services encompassthe processesthat must be followed to remain compliantwith jurisdictional rules and regulations. These processesare key in enabling businesses to become operationallyready and agile, allowing them to adapt quickly to regulatorychanges and shifting market conditions. 2.The path to operational readiness– investigating thesteps needed and potential delays caused. 3.The need to stay ahead to ensure compliance–leveraging global providers with local expertise. Businesses operating internationally strive to maintainstrong corporate governance from the centre, whileensuring they meet local requirements which are oftendifficult to navigate. While leveraging local providers maywork for ad hoc support, global providers bring a level ofoversight and governance that often lean in-house teamsstruggle to maintain. In the face of rising regulatory complexities, businesses areincreasingly leveraging global providers with local expertiseto provide governance and mitigate the risk of operatingacross multiple frameworks. The double-edgedsword of compliance Global regulatory requirements will becomeincreasingly complex Rules, regulations and penalties – complexity trends over the past 5 years A majority of global jurisdictions (54%) predict globalregulatory requirements will become increasingly complexin the next five years. Many jurisdictions even identifydifficulties in the regulatory environment as the predominanttrend causing complexity for foreign investors. “Stricter sustainability and social responsibility regulationsmean that businesses will face increasing pressure tocomply with these new standards. Failure to comply canlead to legal penalties and reputational damage.” TMF Group Greece Expert It is the combination of an ever-expanding set of rulesand regulations, accompanied by more stringent penaltiesfor non-compliance that drives this sense of complexity,creating the need for adaptable and forward-lookingcompliance frameworks. The following sections of thissub-report will outline how this complexity manifests itselfacross a range of reporting requirements. “As part of Brazil’s commitment to OECD, the countryhas been gradually simplifying requirements for foreigninvestments in Brazil so that such investments will betreated the same as local investments; further actionstowards a friendlier legal environment for foreign investorsare expected in the coming years.” TMF Group Brazil Expert KYC, AML and counter-terrorism regulations Compliance with Know Your Customer (KYC), anti-money laundering (AML) and counter-terrorism financingregulations is of increasing importance for businessesoperating internationally. The data shows a steady commitment to KYC compliance,with a notable increase from 26% in 2020 to 30% by 2024.AML adherence demonstrates a similar upward trendstabilising at 44% in 2024. Counter-terrorism compliancehas seen a slight uptick, projected to move from 47% in2020 to 49% in 2024. Jurisdictions have acknowledged a sustained and growingeffort by all industries to meet regulatory standards aimedat boosting transparency and preventing illicit financialactivities. This is particularly prominent in EMEA countriessuch as Germany, Bulgaria, Croatia and Switzerland but amuch larger challenge in jurisdictions such as Mexico whereimplementation and enforcement are lagging. KYC, AML and counter-terrorism regulations can bothcreate complexity in having to correctly comply withlegislation, but they can also reduce complexity in theassurance they provide for international investors. Theprovision of guarantees against improper funding givesinvestors a level of transparency and accountabilitywhen investing. However, they too must invest heavily inadministrative processes to ensure they themselves complywith legislation on entering a country. This can be a double-edged sword for new investors. Complying with UBO/PSC requirements There has been an incremental rise in the necessity toregister information related to Ultimate Beneficial Owner(UBO) and Person of Significant Control (PSC) requirements.From 68% in 2020, the requirement has increased to 75%in 2024 highlighting a global move toward greater clarityon ownership structures and control, reflecting heightenedefforts to prevent financial crimes and p