News & Analysis as of

Fourth Amendment Corporate Transparency Act Beneficial Owner

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
BCLP

Treasury Suspends CTA Enforcement Against U.S. Citizens and Companies; Federal District Court Declares CTA Unconstitutional

BCLP on

The Corporate Transparency Act (the “CTA”) remains in full force and effect, although FinCEN recently announced that it will not take any enforcement actions against reporting companies who fail either to file or to update...more

Miller Canfield

Michigan Federal Court Holds CTA Reporting Rule Unconstitutional, Enjoins Enforcement Against Named Plaintiffs

Miller Canfield on

On March 3, 2025, a Michigan federal district court in Small Business Association of Michigan v Yellen, Case No. 1:24-cv-413 (W.D Mich 2025) (SBAM), held that the CTA’s reporting rule is unconstitutional under the Fourth...more

Wiley Rein LLP

Treasury Says It Won’t Enforce Corporate Transparency Act Against U.S. Companies or Citizens

Wiley Rein LLP on

Treasury / FinCEN - Interim Final Rule and Proposed Rulemaking - On March 2, 2025, the U.S. Department of the Treasury issued a press release stating that it will not enforce any penalties or fines against U.S. citizens or...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Update: The Corporate Transparency Act Put On Hold

As an update to our post on the Corporate Transparency Act, on December 3, 2024, a federal district court issued a nationwide preliminary injunction pertaining to the Corporate Transparency Act in Texas Top Cop Shop, Inc. v....more

McCarter & English, LLP

Corporate Transparency Act: Preliminary Injunction & FinCen’s Response

McCarter & English, LLP on

The Corporate Transparency Act (31 U.S.C. § 5336, the CTA), which went into effect on January 1, 2024, requires a broad range of corporations, limited liability companies, and other entities (“reporting companies”) to file...more

The Wagner Law Group

Texas District Court Issues Nationwide Preliminary Injunction Against Enforcement of Corporate Transparency Act (CTA)

The Wagner Law Group on

When page 1 of a District Court decision on a challenge on constitutional grounds to an action by a governmental entity cites Marbury v. Madison, that is not a good sign for the government agency. When page 2 of a District...more

Warner Norcross + Judd

Preliminary Injunction Temporarily Prevents CTA Enforcement Nationwide — But Likely is Not the Last Word Before December 31

Warner Norcross + Judd on

On December 3, 2024, in Texas Top Cop Shop, Inc. v. Garland, the U.S. District Court for the Eastern District of Texas entered a preliminary injunction that prevents enforcement of the Corporate Transparency Act (CTA) and its...more

Bricker Graydon LLP

CTA Compliance Enjoined (For the Moment)

Bricker Graydon LLP on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (CTA)....more

Goodwin

Preliminary Injunction Halts Corporate Transparency Act Enforcement: What You Need to Know

Goodwin on

On December 3, 2024, a United States district court in the Eastern District of Texas preliminarily enjoined the enforcement of the Corporate Transparency Act (“CTA”) in its entirety nationwide, and also specifically stayed...more

Williams Mullen

Eastern District of Texas Issues Preliminary Injunction on Enforcement of the Corporate Transparency Act

Williams Mullen on

On December 3, 2024, Judge Amos L. Mazzant of the United States District Court for the Eastern District of Texas, Sherman Division issued a nationwide, preliminary injunction against the enforcement of the Corporate...more

BCLP

Corporate Transparency Act: Ongoing Litigation Not Likely to Change End-of-Year Filing Dates

BCLP on

After the U.S. Congress enacted the federal Corporate Transparency Act (the “CTA”) on January 1, 2021, a wide range of plaintiffs immediately brought suit against the government challenging its constitutionality. Currently,...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

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

Williams Mullen

Corporate Transparency Act: Northern District of Alabama Issues Declaratory Judgment Finding that Corporate Transparency Act is...

Williams Mullen on

On March 1, 2024, the United States District Court for the Northern District of Alabama, Northeastern Division granted summary judgment in favor of the plaintiffs, finding that the Corporate Transparency Act (the “CTA”),...more

BakerHostetler

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

BakerHostetler on

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

Katten Muchin Rosenman LLP

Corporate Transparency Act Found Unconstitutional (for Specific Plaintiffs)

The Corporate Transparency Act (CTA) became effective January 1, 2024. However, on March 1, Judge Liles C. Burke of the US District Court of the Northern District of Alabama issued a memorandum opinion and final judgment in...more

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