Harvey Norman Law

Federal Court Halts Corporate Transparency Act Enforcement Nationwide

A significant legal development has emerged that affects millions of business owners across the United States. On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the enforcement of the Corporate Transparency Act (CTA) and its beneficial ownership information (BOI) reporting requirements.

Impact on Businesses

The court’s ruling provides immediate relief to an estimated 30 million entities that were previously required to submit beneficial ownership reports. This temporary pause affects two key deadlines:

– Companies formed before 2024 no longer need to meet the January 1, 2025 filing deadline
– New entities formed in 2024 are not required to file within their 90-day window

Current Status

The preliminary injunction is temporary and does not represent a final decision on the law’s constitutionality. The federal government has already filed an appeal with the Fifth Circuit Court of Appeals. If the appeals court rules in the government’s favor, the reporting requirements could be reinstated, potentially with little notice before compliance is required.

What This Means for Business Owners

The immediate effect? All businesses nationwide are temporarily exempt from CTA reporting obligations. This includes:
– Corporations
– Limited Liability Companies
– Other entities created through state filings
– Companies with 20 or fewer employees

Future considerations? While the injunction provides temporary relief, business owners should remain prepared for potential changes. The situation remains fluid, and the requirements could be reinstated if the government’s appeal succeeds.

Background on CTA Requirements

The Corporate Transparency Act was designed to enhance financial transparency and prevent illicit activities such as money laundering and terrorism financing. Under the original implementation schedule, the law required:

– Entities formed in 2024: Filing within 90 days of formation
– Pre-2024 entities: Filing by January 1, 2025

Original CTA Penalties

Before the court’s injunction, the penalties for non-compliance with the Corporate Transparency Act were substantial:

Civil Penalties:
– Fines of $500 per day for continuing violations
– Maximum aggregate penalty of $10,000

Criminal Penalties:
– Imprisonment for up to two years for willful violations
– Criminal fines up to $10,000 for intentional non-compliance

Additional Compliance Requirements

The original law also mandated that reporting companies notify FinCEN within 30 days of any changes to their beneficial ownership information. This tight timeline created significant compliance challenges for business owners managing multiple responsibilities.

Stay Informed and Protected

While the nationwide injunction provides temporary relief from these penalties, the situation remains dynamic. To ensure your business stays compliant with current and future requirements, contact Harvey Norman Law. Our experienced team specializes in business formation and compliance matters, providing comprehensive legal solutions to protect your interests.

For assistance with CTA compliance or any other business legal needs, schedule a consultation with Harvey Norman Law today at admin@harveynormanlaw.com. 

Our firm is committed to helping you navigate these complex regulatory changes while ensuring your business remains protected and compliant.

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