News & Analysis as of

Constitutional Challenges Beneficial Owner Financial Crimes

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

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

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

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

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

Dunlap Bennett & Ludwig PLLC

Court Finds Corporate Transparency Act Unconstitutional

On March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act is unconstitutional in National Small Business United v. Yellen, No....more

Nossaman LLP

No Exception for the Masses: Update on the Corporate Transparency Act

Nossaman LLP on

As many of you may have seen in the news, on March 1, 2024, a federal district court in Alabama found the Corporate Transparency Act (CTA) unconstitutional. The suit, National Small Business United v. Yellen (National Small...more

Husch Blackwell LLP

The Corporate Transparency Act Is Unconstitutional—But Not for You

Husch Blackwell LLP on

On Friday March 1, 2024, the U.S. District Court for the Northern District of Alabama in NSBA v. Yellen ruled that the Corporate Transparency Act (CTA) is unconstitutional because it cannot be justified as an exercise of...more

Vinson & Elkins LLP

The Corporate Transparency Act - NSBU v. Yellen

Vinson & Elkins LLP on

In a key development relating to the Corporate Transparency Act (the “CTA”), on March 1, 2024, U.S. District Judge Liles C. Burke of the Northern District of Alabama issued a memorandum opinion and final judgment ruling the...more

Troutman Pepper

In Limited Ruling, CTA Held "Unconstitutional" by U.S. District Court

Troutman Pepper on

On March 1, the U.S. District Court of the Northern District of Alabama filed an opinion that rendered the Corporate Transparency Act (CTA) unconstitutional. Importantly, the court’s ruling only applies to the plaintiffs in...more

Eversheds Sutherland (US) LLP

The Corporate Transparency Act is unconstitutional - For some, and for now

On March 1, 2024, the United States District Court for the Northern District of Alabama found that the Corporate Transparency Act (CTA) is unconstitutional because it exceeds Congress’ legislative power. The 53-page opinion...more

Seyfarth Shaw LLP

Court Finds Corporate Transparency Act Unconstitutional – What Should You Do?

Seyfarth Shaw LLP on

On March 1, 2024, the United States District Court for the Northern District of Alabama, in the case of National Small Business United v. Yellen, declared that the Corporate Transparency Act (CTA) is unconstitutional....more

Venable LLP

Alabama Federal District Court Declares CTA Unconstitutional: Here's What You Need to Know

Venable LLP on

The Corporate Transparency Act (CTA), which became effective on January 1, 2024, was enacted to combat the use of shell companies by those seeking to evade anti-money laundering laws and economic sanctions. ...more

Lowndes

Alabama District Court Declares Corporate Transparency Act Unconstitutional

Lowndes on

On March 1, 2024, the United States District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) exceeds the constitutional limits on Congress’s legislative power and is therefore...more

Bressler, Amery & Ross, P.C.

Federal Court Enjoins Enforcement of the Corporate Transparency Act

In an order issued on March 1, 2024, the Federal District Court for the Northern District of Alabama held that the Corporate Transparency Act violates the U.S. Constitution.  Congress had enacted the Corporate Transparency...more

Holland & Knight LLP

Federal District Court Finds Corporate Transparency Act Unconstitutional

Holland & Knight LLP on

The National Small Business Association (NSBA) and a small business owner (also a member of the NSBA) filed a lawsuit on Nov. 15, 2022, in the U.S. District Court for the Northern District of Alabama challenging the...more

Wyrick Robbins Yates & Ponton LLP

The Corporate Transparency Act Suffers a Setback (But is Still with Us)

The federal Corporate Transparency Act, or CTA, went into effect on January 1 of this year. In brief, the CTA requires business entities to file information regarding their beneficial owners and persons involved in creating...more

Whiteford

Client Alert: Corporate Transparency Act (CTA) Found Unconstitutional by Federal District Court

Whiteford on

On March 1, 2024, the U.S. District Court for the Northern District of Alabama in National Small Business United et al.  v. Janet Yellen et. al., Case No. 5:22-cv-1448-LCB,  held the Corporate Transparency Act (the “CTA”) to...more

Polsinelli

Challenge to Corporate Transparency Act Prevails – For Now

Polsinelli on

On March 1, 2024, a U.S. District Judge in Alabama issued a judgment holding that the Corporate Transparency Act (CTA) is unconstitutional because it exceeds the Constitution’s limits on Congress’ power. Further, FinCEN is...more

Polsinelli

Part 4: Addressing and Demystifying Common Denials Surrounding the Upcoming CTA

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CTA Denial #4: “That can’t be constitutional.” A lone small business advocacy group, National Small Business United (affiliated with the National Small Business Association), has filed suit against the U.S. Department of...more

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