Update: Corporate Transparency Act Injunction

SCOTTSDALE, Ariz. - Jan. 28, 2025 - PRLog -- "We appreciate the temporary reprieve provided by the injunction and hope Congress can take a cue from the courts in the coming weeks to provide a more permanent resolution to this problematic policy," - Zippy Duvall

Trajan Wealth's recent update covered the Corporate Transparency Act injunction, Kent Philips, Co-Founder & Attorney, will get you up-to-date on the situation. Find out what you should know below, or read the article here.

Update: Corporate Transparency Act Injunction
In a significant development impacting business owners across the United States, a federal district court recently issued an injunction temporarily halting the enforcement of certain provisions of the Corporate Transparency Act. This act, enacted to mandate clearer financial regulations and combat illicit financial activities, requires various entities to disclose information about their beneficial owners to the Financial Crimes Enforcement Network.

This injunction, which blocks the government from enforcing the stringent penalties for non-compliance, stems from a legal challenge by several business associations and privacy advocates who argue that components of the CTA impose undue burdens on small businesses and raise privacy concerns.

District Court's Injunction
The U.S. District Court granted the injunction for the Eastern District of Texas, which emphasized that while the objectives of the CTA align with enhancing financial transparency and reducing money laundering, several provisions might impose excessive compliance costs on smaller enterprises. The court's ruling reflects significant concern over the privacy of business owners, who argue that disclosing detailed personal information in a centralized database could lead to potential misuse or breaches of sensitive data.

Ramifications for Business Owners

1. Temporary Relief. Business owners, particularly those running small to medium enterprises, obtain temporary relief from the onerous compliance requirements. The court's injunction applies nationwide and blocks enforcement of penalties for non-compliance.
2. Ongoing Legal Battles. The injunction does not eliminate the CTA's obligations entirely; it merely suspends them pending further judicial review. Business owners should prepare for ongoing litigation.
3. Should Business Owners Still File?  Businesses need to remain proactive and be ready to comply with the disclosure requirements should the injunction be lifted.

Given the inconsistency of recent court decisions, our firm is filing BOI reports for new entities our clients request we create on their behalf. We also encourage clients with existing entities to file their BOI reports. However, commentators indicate, and we agree, that if the injunction is permanently lifted, a grace period will be granted to allow business owners a reasonable period of time to comply.  We will continue monitoring developments closely and notify our clients should the injunction be lifted.

Disclaimer: *Advisory services offered through Trajan® Wealth L.L.C., an SEC registered investment advisor. Legal services are offered through Trajan® Estate, L.L.C. in Arizona and Utah, and independent law firms in other states. Private equity may require accreditation.