On January 24, 2025, FinCEN issued additional guidance with respect to the U.S. Supreme Court’s ruling to lift the nationwide injunction issued by a federal judge in Texas that enjoined enforcement of the Corporate Transparency Act (CTA). Due to the fact that a separate nationwide order issued by a different federal judge in Texas remains in place, reporting companies are not currently required to file beneficial ownership information with FinCEN. However, FinCEN has advised that reporting companies may continue to voluntarily submit beneficial ownership information reports.
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FAQs
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What is a beneficial owner?The final FinCEN rule defines a beneficial owner as follows: “the term “beneficial owner,” with respect to a reporting company, means any individual who, directly or indirectly, either exercises substantial control over such reporting company or owns or controls at least 25 percent of the ownership interests of such reporting company.
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Which types of organizations are considered reporting companies?Beneficial Ownership Information reports must be filed by domestic reporting companies and foreign reporting companies. A domestic reporting company is defined as an entity that is a corporation, LLC or other entity created by the filing of a document with a secretary of state or similar office under the laws of a state or Indian tribe. A foreign reporting company is an entity that is a corporation, LLC, or other entity created under the law of a foreign country and registered to do business in any state or tribal jurisdiction by filing a document with a secretary of state or similar office under the law of a state or Indian tribe.
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BizFilings is not a law firm and cannot provide legal advice, including providing advice as to whether any specific entity will be required to file a report. BizFilings cannot provide its own interpretation of the statute or FinCEN’s final report ruling, however many of the questions can be answered by referring to the text of the final rule, sections of which have been provided where appropriate. You can also direct questions to FinCEN. Questions can be submitted to FinCEN at www.fincen.gov/contact