The Corporate Transparency Act (CTA) was recently passed by Congress and signed into law. It requires certain companies to provide beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). This article will explain the requirements of this new law and how companies must comply with it.
What is the Corporate Transparency Act?
- A law passed in 2020 that requires certain businesses to report ownership information to FinCEN
- Aims to reduce the use of shell corporations and other companies for criminal activities
- A bipartisan effort to increase transparency and corporate accountability
The Corporate Transparency Act (CTA) is a federal law enacted in 2020 that requires certain businesses to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). The law was designed to reduce the use of shell corporations and other entities for criminal activities and to increase transparency and corporate accountability. The CTA requires businesses to submit detailed information about their beneficial owners, including their full name, date of birth, address, and government-issued identification number.
A beneficial owner is someone who enjoys the benefits of owning an asset, such as a company, even though their name may not be on the official documentation. This can include individuals who hold a significant percentage of ownership in a company or those who have control over decision-making processes within the company
FinCEN has provided guidance on the CTA’s compliance requirements, but the deadline for submitting beneficial ownership information is rapidly approaching, as the law goes into effect in 2024. To ensure compliance, businesses must begin familiarizing themselves with the FinCEN 2024 CTA reporting requirements.
Financial institutions must also ensure that their customer due diligence (CDD) procedures are up to date. This includes verifying the identity of their customers and conducting ongoing monitoring to identify any suspicious or potentially criminal activities. With the implementation of the CTA, businesses must now begin collecting beneficial ownership information during their CDD process. This information must be provided to FinCEN as part of their regulatory compliance requirements.
FinCEN 2024 CTA Reporting Requirements
The FinCEN 2024 CTA Reporting Requirements mandate that certain businesses submit information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). Businesses that must comply with the reporting requirements include corporations, limited liability companies, and other similar entities that are created by filing documents with a state office. The information that must be reported includes the full legal name, date of birth, current address, and a government-issued identification number of each beneficial owner. In addition, businesses must provide a statement describing each beneficial owner’s ownership interest and control over the company.
Who Must Comply?
Businesses that must comply with the FinCEN 2024 CTA Reporting Requirements include corporations, limited liability companies, and other similar entities that are created by filing documents with a state office. Businesses must comply with the the reporting requirements regardless of their size or the nature of their operations. All businesses that meet the definition of a “legal entity” must comply with the reporting requirements.
What Information Must Be Reported?
The FinCEN 2024 CTA Reporting Requirements mandate that all businesses must report information about their beneficial owners, including their name, date of birth, address, and government-issued identification. Businesses must also describe the nature of their control over the entity.
In addition, businesses must report any changes to the information provided within 30 days of the change. Businesses must also report any transfer of ownership or control within 30 days of the transaction. The FinCEN 2024 CTA Reporting Requirements also require businesses to update their beneficial ownership information at least annually.
What Are the Benefits of Compliance?
Complying with the FinCEN 2024 CTA Reporting Requirements provides businesses with a number of benefits, including improved transparency and increased regulatory compliance. By providing accurate and up-to-date information on beneficial owners, businesses can ensure that they are meeting their customer due diligence requirements and avoiding potential penalties for non-compliance. Additionally, the improved transparency allows for better monitoring of potential money laundering and other financial crimes.
What Are the Penalties for Non-Compliance?
Failure to comply with the FinCEN 2024 CTA Reporting Requirements can lead to a variety of penalties, including fines of up to $500,000 and/or up to five years imprisonment. Additionally, businesses may be subject to civil actions and administrative sanctions, such as being barred from conducting certain financial transactions or having assets frozen. It is important for businesses to understand the potential penalties and take the steps necessary to ensure that they are compliant.
What Steps Should a Business Take?
Businesses must take steps to ensure that they are compliant with the FinCEN 2024 CTA Reporting Requirements. These steps include verifying the identity of beneficial owners, maintaining accurate and up-to-date beneficial ownership information, and conducting customer due diligence. It is also important for businesses to ensure that they are using appropriate measures to protect the confidentiality of beneficial ownership information. Additionally, businesses should ensure that they are filing the necessary reports with the Financial Crimes Enforcement Network (FinCEN) on a timely basis.
When Is The Deadline?
Businesses that were created or registered prior to January 1st, 2024 have until January 1st, 2025 to file their reports. All businesses that were created after January 1st, 2024 will be required to submit their reports within 30 calendar days of their creation or registration. Failure to do so could result in penalties being applied.
What Is the Future of Compliance?
The Corporate Transparency Act is an important step towards increasing the transparency and accountability of businesses. As the FinCEN 2024 CTA Reporting Requirements come into effect, businesses must take steps to ensure that they are compliant. This includes understanding the compliance requirements, verifying the identity of beneficial owners, maintaining accurate and up-to-date information, and conducting customer due diligence. Going forward, regulatory compliance will continue to be a priority, and businesses must take the necessary steps to ensure that they are compliant with the requirements.
The FinCEN 2024 CTA Reporting Requirements are significant and will have a major impact on the way businesses operate. Companies must take the time to understand the compliance requirements and ensure that their procedures are up to date in order to avoid any potential penalties. It is also important for businesses to make sure that their beneficial ownership information is accurate and up to date, as well as ensure that customer due diligence is properly conducted. By doing so, businesses can ensure that they are compliant with the FinCEN 2024 CTA Reporting Requirements and remain on the right side of the law.
If you need assistance with CTA Reporting compliance, our team of experienced legal professionals is here to help you understand the requirements and ensure your business remains compliant with local and federal regulations. We offer a range of services to help you stay on top of your legal obligations, from providing consultation and advice on compliance regulations to providing representation in legal matters. Contact our firm today to learn more about how we can help you keep your business compliant.