BENEFICIAL OWNERSHIP (BOI) REPORTING
U.S. APPEALS COURT REINSTATES THE NATIONWIDE INJUNCTION
REPORTING IS VOLUNTARY AGAIN:
-On January 1, 2021: the Corporate Transparency Act (“CTA”) was enacted by U.S. Congress including significant reforms to anti-money laundering laws. The CTA established beneficial ownership information (BOI) reporting requirement for corporations, limited liability companies, and other similar entities formed or registered to do business in the United States with an initial reporting deadline of December 31, 2024.
-On December 3, 2024: the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction enjoining the federal government from enforcing the Corporate Transparency Act (CTA).
-On December 23, 2024: The U.S. Court of Appeals for the Fifth Circuit granted the U.S. government's request to lift the temporary nationwide injunction halting the Corporate Transparency Act, and implementation and enforcement of the Beneficial Ownership Rule. This court action reinstated the Beneficial Ownership Information Reporting (BOI) Rule.
-On December 26: The U.S. Court of Appeals for the Fifth Circuit reinstated the nationwide injunction halting further implementation and enforcement of the Corporate Transparency Act (CTA) which prevents FinCEN from enforcing the BOI Reporting Rule.
· In light of this recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.
For information on filing requirements, please visit FinCen’s website and/or contact your legal and financial advisors.
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