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Corporate Law Alert: What to Know About the Corporate Transparency Act

December 14, 2023 @ 12:00 pm - 1:00 pm

If you are on the fence about whether to incorporate your venture (or form your LLC), Bill Richter will explain a good reason to do so.

If you are on the fence about whether to incorporate your venture (or form your LLC) before year-end, or to wait until 2024, you can thank the good folks in Washington who adopted certain amendments to the 2021 National Defense Authorization Act for making this decision a no- brainer.

Whoa – how does that compute? The Corporate Transparency Act (β€œCTA”) contained in these amendments comes into effect on Jan. 1, 2024, mandating the creation of a national database of beneficial owners of legal entities (including trusts and funds) to prevent the use of anonymously owned entities for illegal purposes (including preventing another 9/11).

Under the CTA, an estimated 32 million companies, including yours, will need to file with the Financial Crime Enforcement Network (FinCEN) personally identifiable information of individuals who have at least a 25% ownership interest or substantial control (think officers, directors, shareholders with certain governance rights, etc.) over your venture.

If your entity is in existence before January 1, 2024, you will have until January 1, 2025 to make this filing; but if you wait to form your entity until January 1, 2024, your filing obligation kicks in 90 days after formation. The filings are going to be tricky and time-consuming – and willful failures to file, or the willful provision of false or fraudulent information, or the willful failure to file complete and accurate reports (as well as updates whenever personal information changes) is punishable by civil fines of $10k (plus $500/day) as well as 2 years imprisonment. This is going to change almost everything.

What you can expect to learn:

  1. How the CTA will affect you and your company
  2. How you can personally get ready
  3. How you can get your company and estate planning documents ready

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