UPDATE: FinCEN Issues Notice Regarding the Alabama District Court’s Order Declaring the U.S. Corporate Transparency Act Unconstitutional; CTA Requirements and FinCEN Enforcement Continue to Apply to Entities That are not Parties to the Alabama Case

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In a notice issued by FinCEN on March 4, 2024[1], the regulator advised that it will “comply with the court’s order for as long as it remains in effect” and will not enforce the CTA against the named plaintiffs in the instant case.  What goes unsaid is that FinCEN intends to continue enforcement of the CTA against non-parties to that action while the case works its way through the federal court system.  As a result, we advise continued compliance with the CTA absent further developments.


[1] Regarding National Small Business United v. Yellen, NO. 5:22-cv-01448 (N.D. Ala.)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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