Question: If an entity is exempt from filing a FinCEN Report, is its wholly-owned subsidiary also exempt from filing a FinCEN Report?
Answer: A subsidiary of an entity that is exempt from filing a FinCEN Report is also exempt from filing a FinCEN Report if the subsidiary entity’s ownership interests are controlled or wholly owned, directly or indirectly, by any of these types of exempt entities:
- Securities reporting issuer, as defined in Exemption #1;
- Governmental authority, as defined in Exemption #21;
- Bank, as defined in Exemption #3;
- Credit union, as defined in Exemption #4;
- Depository institution holding company, as defined in Exemption #5;
- Broker or dealer in securities, as defined in Exemption #7;
- Securities exchange or clearing agency, as defined in Exemption #8;
- Other Exchange Act registered entity, as defined in Exemption #9;
- Investment company or investment adviser, as defined in Exemption #10;
- Venture capital fund adviser, as defined in Exemption #11;
- Insurance company, as defined in Exemption #12;
- State-licensed insurance producer, as defined in Exemption #13;
- Commodity Exchange Act registered entity, as defined in Exemption #14;
- Accounting firm, as defined in Exemption #15;
- Public utility, as defined in Exemption #16;
- Financial market utility, as defined in Exemption #17;
- Tax-exempt entity, as defined in Exemption #19; or
- Large operating company, as defined in Exemption #21.
Source: Small Business Compliance Guide pages 5 – 12 for specific tests for these exemptions.
Leave A Comment