12/27/2024
As previously shared, on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction on the reporting of BOI.
However, on December 23, 2024, the Fifth Circuit Court of Appeals stayed the injunction, which means that the injunction is no longer in effect. The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury is now able to enforce the BOI reporting requirements once again.
In response to the Appeals Court's decision, FinCEN issued an alert confirming that most reporting companies must now submit their beneficial ownership information to FinCEN, unless they are specifically exempted. Recognizing that the injunction had delayed compliance, FinCEN has extended the reporting deadlines as follows:
• Companies created or registered before January 1, 2024, now have until January 13, 2025, to file their initial BOI reports with FinCEN (these companies would have originally been required to file by January 1, 2025).
• Companies created or registered between September 4, 2024, and December 23, 2024, with a filing deadline between December 3 and December 23, 2024, now have until January 13, 2025, to submit their initial BOI reports.
• Companies created or registered between December 3, 2024, and December 23, 2024, are granted an additional 21 days beyond their original filing deadline to submit their BOI reports.
• Companies eligible for disaster relief may have deadlines beyond January 13, 2025, and should follow the later of the two deadlines.
• Companies created or registered on or after January 1, 2025, must file their initial BOI reports with FinCEN within 30 days of receiving official notice of their creation or registration.
With these new developments we urge our clients to continue with reporting the BOI for all of their entities before the deadline of January 13th 2025.
As most of our clients are well aware, we are not personally completing this service however, there are free self reporting options as well as services provided by Montero Corporate Services here: https://monterocorporate.com/boi-information-at/.