Fifth Circuit Changes Its Mind. CTA Filings Not Required Pending Further Review

Cole Schotz
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Cole Schotz

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 (“CTA”). The Fifth Circuit’s latest Order vacating the stay — and once again putting the CTA’s reporting requirements on hold — wraps up a tumultuous week for the CTA, which began on Monday, December 23 when a motions panel of the Fifth Circuit stayed Judge Mazzant’s injunction. The Fifth Circuit’s explanation for vacating that stay was brief, noting at the end of a three paragraph Order that:

“The merits panel now has the appeal, which remains expedited, and a briefing schedule will issue forthwith. However, in order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments, that part of the motions-panel order granting the Government’s motion to stay the district court’s preliminary injunction enjoining enforcement of the CTA and the Reporting Rule is VACATED.”

As of the issuance of the December 26th Order, therefore, all CTA reporting requirements are once again enjoined. We will provide additional updates as they become available.

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. Attorney Advertising.

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