The problem
With no formal test left after the withdrawal of Unshell, substance is assessed on general anti-abuse grounds. That means the file has to carry an argument, and most files carry only a template.
What this covers
- Placeholder — filled in Phase 2
Typical situations
- Placeholder — anonymised scenario, no parties, sums or dates
Jurisdictional coverage
Who works on this
- Jonas Kittel — Expert author
Questions
- Does the withdrawal of the Unshell directive remove substance requirements?
- No. General anti-abuse rules, treaty principal purpose tests and national management-and-control standards continue to apply.
Related reading
Published analysis appears here.