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FinCEN Extends Report Filing Deadline for Entities Formed After 2023

The following is the text of a November 29, 2023, FinCEN news release: The Financial Crimes Enforcement Network (FinCEN) issued a final rule today that extends the deadline for certain reporting companies to file their initial beneficial ownership information (BOI) reports with FinCEN. Reporting companies created or registered in 2024 will have 90 calendar days from the date of receiving actual or public notice of their creation or registration becoming effective to file their initial reports. FinCEN will not accept BOI reports from reporting companies until January 1, 2024—no reports should

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National Small Business Administration Sues to Overturn the Corporate Transparency Act

National Small Business Administration Press Release, November 20, 2023 Huntsville, AL – Today, Nov. 20, at 10:00 a.m., oral arguments in National Small Business Association v. Yellen will begin at the Huntsville United States District Court. The case is a challenge to the constitutionality of the Corporate Transparency Act (CTA) and specifically the law’s beneficial ownershipreporting requirements. The law would require nearly every American who runs or wants to form a corporation or LLC to give the Financial Crimes Enforcement Network (FinCEN)deeply personal information of its owners like date

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What Corporate Transparency Act Means for Small Businesses

The National Small Business Association (NSBA) on November 9, 2023, published a survey it conducted of small businesses regarding the Corporate Transparency Act.  The most startling statement in the survey is “The average small-business owner is looking at compliance costs for CTA of nearly $8,000 in the first year alone.” Here are some of the interesting findings discussed in the survey: 47% of small business owners are unaware of the CTA. 48% said their business has only one beneficial owner. 52% said their business has two or more beneficial

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What is a FinCEN Identifier & How Can I Use It?

Question:  What is a FinCEN Identifier? Answer: A “FinCEN identifier” is a unique identifying number that FinCEN will issue to an individual or reporting company upon request after the individual or reporting company provides certain information to FinCEN. An individual or reporting company is not required to obtain a FinCEN identifier. An individual or reporting company may only receive one FinCEN identifier. Your company may include FinCEN identifiers in its BOI report instead of certain required information about beneficial owners or company applicants. FinCEN Identifiers for Individuals Individuals may

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Is a Manager of an LLC a Beneficial Owner?

Question: Homer Simpson is a manager of World Wide Widgets, LLC, but he is not a member.  Is Homer a beneficial owner of the LLC? Answer: Yes because as a manager he can make important decisions on the LLC’s behalf, thereby exercising substantial control over it. Source: Small Business Compliance Guide pages 26

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Can a Trustee be a Beneficial Owner?

Question:  Can a trustee of a trust that owns an interest in a company be a beneficial owner? Answer: Yes.  A trustee of a trust or similar arrangement may exercise substantial control over a reporting company.  The following individuals may hold ownership interests in a reporting company through a trust or similar arrangement: A trustee or other individual with the authority to dispose of trust assets. A beneficiary who is the sole permissible recipient of trust income and principal or who has the right to demand a distribution of or

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