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Constitutional Challenges Beneficial Owner

Buckingham, Doolittle & Burroughs, LLC

Upcoming Deadline for Beneficial Ownership Information Reports Under the Corporate Transparency Act (CTA)

Effective January 1, 2024, the Corporate Transparency Act (the “Act”) requires many U.S. businesses to disclose information regarding their beneficial owners. Failure to comply with the Act can result in significant civil and...more

Polsinelli

Court Challenge to Corporate Transparency Act Rebuffed – For Now

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On September 20, 2024, U.S. District Judge Michael H. Simon for the District of Oregon issued an Opinion and Order in favor of defendants in the case. Firestone, et al.. v Janet Yellen, et al., Case No. 3:24-cv-1034 (D. Ore.)...more

Venable LLP

Looming Reporting Deadline Under the Corporate Transparency Act: The Reality Sets In

Venable LLP on

Over three years ago, Congress enacted the federal Corporate Transparency Act ("CTA"), which for the first time obligates business owners, among others, to file beneficial ownership information ("BOI") reports with the U.S....more

Parker Poe Adams & Bernstein LLP

The Corporate Transparency Act: Key Deadline Fast Approaching and Other Recent Updates for Companies

If your business has not yet focused on the Corporate Transparency Act (CTA), it is time to do so. Every entity formed or registered in the U.S. before January 1, 2024, must file beneficial ownership information (BOI) reports...more

Kerr Russell

Don’t Overlook Corporate Transparency Act Compliance

Kerr Russell on

Question: My accountant and other are telling me there is some federal government filing that I must make by the end of the year. My personal information is being sought. Can you explain what this is all about, whether I have...more

Farella Braun + Martel LLP

How are we discounting enforcement risk for Corporate Transparency Act violations?

Reasonable constitutional challenges on several grounds are working their way through federal courts and none will likely be settled before the end of 2024. Ambiguities and circular logic make interpretations of beneficial...more

Troutman Pepper

Treasury Department Pushes Back Against State Efforts to Dissolve CTA

Troutman Pepper on

On June 3, the U.S. Treasury Department filed a reply in its 11th Circuit litigation against the National Small Business Association regarding the constitutionality of the Corporate Transparency Act (CTA). Of late, the...more

Foster Garvey PC

The Corporate Transparency Act Is Under Attack – The Battle Continues to Rage

Foster Garvey PC on

I am taking a break from my multi-part blog series, A Journey Through Subchapter S / A Review of the Not So Obvious & The Traps That Exist For The Unwary, to provide another update on the Corporate Transparency Act (“CTA”)....more

Holland & Knight LLP

CTA Heats Up with New FAQs, Government and Amicus Briefs and New Draft Legislation

Holland & Knight LLP on

The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of...more

Smith Anderson

The Corporate Transparency Act - Case Law Update and Determining Beneficial Owners

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As discussed in our prior two alerts (found here), effective as of Jan. 1, 2024, the Corporate Transparency Act and rules issued thereunder by the Financial Crimes Enforcement Network (“FinCEN”) (collectively, the “CTA”)...more

Cadwalader, Wickersham & Taft LLP

Challenges to the Corporate Transparency Act

The Corporate Transparency Act (the “CTA”), which became effective on January 1, 2024, requires certain domestic and foreign companies doing business in the United States to file a beneficial ownership report with the U.S....more

Cadwalader, Wickersham & Taft LLP

Not So Sweet Home Alabama

In a recent opinion out of the U.S. District Court for the Northern District of Alabama, the newly-effective Corporate Transparency Act (“CTA”) has been found unconstitutional. In National Small Business United v. Janet...more

Whiteford

Corporate Transparency Act Guidelines - April 2024

Whiteford on

The Corporate Transparency Act’s (the “CTA”) reporting requirements are effective as of January 1, 2024. As a result, many companies in the United States will have to report information about their beneficial owners, i.e.,...more

Bilzin Sumberg

The Corporate Transparency Act (CTA) Is Unconstitutional—But Only for Some Companies

Bilzin Sumberg on

On Friday, March 1, 2024, a federal judge in Alabama ruled that the Corporate Transparency Act is unconstitutional. See NSBU v. Yellen, No. 5:22-cv-1448, 2024 BL 69366, 2024 Us Dist Lexis 36205 (N.D. Ala. Mar. 01, 2024). Here...more

Bowditch & Dewey

The Corporate Transparency Act – FinCEN Filing Reminders and Legal Updates

Bowditch & Dewey on

The Corporate Transparency Act (the “CTA”) became effective on January 1, 2024. In March 2024, a U.S. District Court from the Northern District of Alabama held that the CTA was unconstitutional [Nat’l Small Business United...more

Hinckley Allen

Federal Court Declares Corporate Transparency Act Unconstitutional: Implications and Recommendations for Businesses

Hinckley Allen on

On March 1, 2024, Judge Liles C. Burke of the Northern District of Alabama, Northeastern Division, ruled in U.S. v. Yellen that the Corporate Transparency Act (the “Act”) is unconstitutional. The federal district court found...more

Pullman & Comley, LLC

Corporate Transparency Act Deemed Unconstitutional in Narrow Alabama District Court Decision

Pullman & Comley, LLC on

On March 1, 2024 the United States District Court for the Northern District of Alabama Northeastern Division granted National Small Business United d/b/a the National Small Business Association its motion for summary judgment...more

Whitman Legal Solutions, LLC

Court Decision Doesn’t Affect Corporate Transparency Act Requirements for Most Companies and Real Estate Investors

On March 1, 2024 a United States District Court in Alabama held in National Small Business United dba National Small Business Association v. Yellen (NSBA Case) that the Corporate Transparency Act (CTA) is unconstitutional. ...more

Dickinson Wright

FinCEN Appeals Order Enjoining Corporate Transparency Act

Dickinson Wright on

By now, you are probably familiar with the Corporate Transparency Act (the CTA). Dickinson Wright has reviewed this topic several times, most comprehensively here. The CTA, which was adopted in 2021 and became effective as of...more

Cadwalader, Wickersham & Taft LLP

Court Finds Corporate Transparency Act Unconstitutional and Unenforceable as to NSBA Members

On March 1, 2024, the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA requires many U.S. entities to disclose their individual beneficial...more

Cozen O'Connor

U.S. District Court for the Northern District of Alabama Finds CTA Unconstitutional: National Small Business United, et al v....

Cozen O'Connor on

In a case brought by the National Small Business Association and an individual owner of a small business (Plaintiffs), the U.S. federal district court for the Northern District of Alabama has ruled that the Corporate...more

Hinshaw & Culbertson LLP

Alabama Federal Judge Finds the Corporate Transparency Act (CTA) Unconstitutional: FinCEN Responds

The Corporate Transparency Act (the CTA), which became effective on January 1 this year, was enacted by Congress to combat sources of financial criminal activity and abuse of anonymous companies. The CTA requires a majority...more

Maynard Nexsen

John Neiman on the Corporate Transparency Act

Maynard Nexsen on

Representing the National Small Business Association and one of its members in a constitutional challenge of the Corporate Transparency Act, appellate attorney John Neiman shares recent developments surrounding the federal...more

Orrick, Herrington & Sutcliffe LLP

Alabama judge finds the Corporate Transparency Act unconstitutional, DOJ quickly appeals

On March 1, the federal district court in the Northern District of Alabama entered a final declaratory judgment concluding that the Corporate Transparency Act (CTA) is unconstitutional....more

Falcon Rappaport & Berkman LLP

Constitutional Clash: U.S. District Court Landmark Decision Declares the Corporate Transparency Act Unconstitutional

In 2021, Congress passed the Corporate Transparency Act (CTA), which will be administered and enforced by the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury Department, in an effort to implement...more

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