On March 21, FinCEN announced an IFR that removes U.S. companies and U.S. citizens from the scope of the reporting requirements under the CTA....more
The CTA is not dead, but it is hanging by a thread.
On March 2, the U.S. Treasury Department (the Treasury) issued a press release announcing significant updates to the plans announced by FinCEN just a few days earlier....more
Continuing on its roller coaster of the past few months, CTA compliance is effectively back on hold after FinCEN announced that it plans to further extend the existing reporting deadlines. Below, we address some of the key...more
On Feb. 17, the Texas federal district court in Smith v. U.S. Department of the Treasury granted the government’s motion for an immediate stay pending appeal of the nationwide order staying the effective date of the final...more
2/20/2025
/ Anti-Money Laundering ,
Appeals ,
Beneficial Owner ,
Corporate Transparency Act ,
Enforcement Actions ,
Filing Deadlines ,
Final Rules ,
FinCEN ,
Regulatory Requirements ,
Reporting Requirements ,
Stays ,
Time Extensions ,
U.S. Treasury
On Feb. 5, the U.S. government filed (i) a notice of appeal of the order issued Jan. 7 by a U.S. District Court in Texas in Smith v. U.S. Department of Treasury, No. 6:24-cv-336-JDK (E.D. Tex. Jan. 7, 2025), which had issued...more
On Jan. 23, the Supreme Court granted the U.S. government’s application to immediately stay the nationwide CTA injunction issued last month by a federal district court in the Eastern District of Texas. See Texas Top Cop Shop,...more
In yet another twist, the CTA is again currently enjoined (for now). On Dec. 26, in a highly unusual chain of events, the merits panel of the Fifth Circuit Court of Appeals vacated the emergency stay granted by the motions...more
12/30/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Compliance ,
Corporate Counsel ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Stays ,
Time Extensions
On Dec. 23, 2024, the Fifth Circuit Court of Appeals granted the government’s motion for an immediate stay pending appeal of the preliminary injunction issued on Dec. 3, 2024, by a federal district court in Texas....more
On Dec. 11, 2024, the U.S. government filed a motion requesting an immediate stay of the preliminary nationwide injunction issued last week by a federal district court in Texas that temporarily halted the implementation of...more
12/16/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Constitutional Challenges ,
Corporate Governance ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
FinCEN ,
Popular ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Stays
On Dec. 3, 2024, a Texas federal district court in Texas Top Cop Shop, Inc., et al. v. Garland, et al. (E.D. Tex., No. 4:24-cv-00478, 12/3/24) granted the plaintiffs’ motion to preliminarily enjoin the U.S. government from...more
On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from...more
3/5/2024
/ Beneficial Owner ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Transparency Act ,
Fifth Amendment ,
FinCEN ,
First Amendment ,
Foreign Policy ,
Fourth Amendment ,
National Security ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Taxing Power
What is the Corporate Transparency Act?
The CTA will require all “reporting companies” to disclose certain information on their beneficial owners to FinCEN....more
On Oct. 2, 2020, the U.S. Small Business Administration (SBA) issued Procedural Notice Control No. 5000-20057 (the SBA Guidance), which clarifies approval requirements for Paycheck Protection Program (PPP) borrowers upon a...more
While the Paycheck Protection Program (PPP), created under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, has provided much-needed relief to small businesses in response to the COVID-19 pandemic in recent...more