The federal agency responsible for administering the Corporation Transparency Act, FINCEN, released the following statement:
On January 23, 2025, the Supreme Court granted the government's motion to stay a nationwide injunction issued by a federal judge in Texas (Texas Top Cop Shop, Inc. v. McHenry—formerly, Texas Top Cop Shop v. Garland). As a separate nationwide order issued by a different federal judge in Texas (Smith v. U.S. Department of the Treasury) still remains in place, reporting companies are not currently required to file beneficial ownership information with FinCEN despite the Supreme Court's action in Texas Top Cop Shop. Reporting companies also are not subject to liability if they fail to file this information while the Smith order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.
Therefore, any CTA filing will be accepted by FINCEN. Companies wishing to discharge their filing obligations without waiting for the courts to weigh the constitutionality of the CTA should contact us to ensure a proper and timely filing.
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