Corporate Transparency Act Recently Enjoined
Congress enacted the Corporate Transparency Act (“CTA”) on January 1, 2021. The CTA requires certain companies known as “reporting companies” to report “beneficial ownership” and “company applicant” information with the Financial Crimes Enforcement Network (“FinCEN”). The purpose of the CTA is “to help prevent and combat money laundering, terrorist financing, tax fraud, and other illicit activity”.
There has been a flurry of recent litigation attacking the constitutionality of the CTA. Although on December 23, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit upheld the law, three days later–on December 26, 2024–a separate panel of the same court struck it down. As a result, 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.
FinCEN’s position is that reporting companies may continue to voluntarily submit beneficial ownership information reports while the ping pong continues through the courts. Reporting companies should monitor any further developments at https://www.fincen.gov/boi and let your Reston Law Group advisor know if you have any questions.
DISCLAIMER. This client alert does not provide legal advice. We are providing it for general informational purposes only.