Despite a Supreme Court order issued on January 23, 2025, as of January 24, 2025, FinCEN has stated they are not requiring companies to file under the CTA. On January 23, 2025, the U.S. Supreme Court, in an unsigned order,...more
1/27/2025
/ Appeals ,
Beneficial Owner ,
Constitutional Challenges ,
Corporate Transparency Act ,
Enforcement Actions ,
Filing Requirements ,
FinCEN ,
New Legislation ,
Preliminary Injunctions ,
Reporting Requirements ,
SCOTUS ,
Stays
As of December 26, 2024, the Fifth Circuit restored the nationwide injunction against the federal Corporate Transparency Act (“CTA”), issued in Texas Top Cop Shop. No enforcement of the filings requirements is currently...more
On December 26, 2024, in an Order entered “at the direction of the Court,” the Fifth Circuit Court of Appeals vacated its own stay of District Judge Amos Mazzant’s nationwide injunction of the Corporate Transparency Act...more
On December 23, the U.S. Court of Appeals for the Fifth Circuit issued an Order staying the nationwide injunction that previously halted the enforcement of the Corporate Transparency Act (the “CTA”). Without further...more
FinCEN has issued an alert acknowledging the nationwide injunction halting the enforcement of the Corporate Transparency Act (the “CTA”). FinCEN stated that they will “comply with the order … for as long as it remains in...more
In a broad and significant decision, on December 3, 2024, Federal Judge Amos Mazzant of the Eastern District of Texas issued a nationwide preliminary injunction preventing the federal government from enforcement of the...more
On June 5, 2024, a three judge panel of the U.S. Fifth Circuit Court of Appeals unanimously struck down the Securities and Exchange Commission’s (“SEC”) final rule, which created onerous restrictions for managers of private...more
A recent decision by the Delaware Court of Chancery, W. Palm Beach Firefighters’ Pension Fund v. Moelis & Co. (“Moelis”), held corporate shareholder agreements are invalid if they impose certain restrictions on the Company’s...more
On March 1st, Federal District Judge Liles C. Burke of the Northern District of Alabama issued an opinion in the case of NSBU v. Yellen finding that the Corporate Transparency Act (the “CTA”) is unconstitutional . In that...more