FinCEN Seeks Comments on the Information to be Collected from Authorized Recipients Requesting Beneficial Ownership Information

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Date: 1/29/2024 FinCEN Seeks Comments on the Information to be Collected from Authorized Recipients Requesting Beneficial Ownership Information The Financial Crimes Enforcement Network (FinCEN) is seeking comments on the information to be collected from certain authorized recipients requesting access to beneficial ownership information, consistent with the requirements of the final Access and Safeguards rule. The…

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Lawyers, You Might Be A Company Applicant!

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In addition to reporting the identities of a company’s owners, companies created or registered after January 1, 2024, are required to report the identities of their applicants. Applicants are broadly defined as the individual or individuals who caused the company’s creation documents to be filed with the secretary of state or similar office. Companies created…

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FinCEN Announces Updates to Its FAQ

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Date: 1/1/2024 FinCEN Updates Frequently Asked Questions on Beneficial Ownership Information The Financial Crimes Enforcement Network (FinCEN) has updated its Beneficial Ownership Information Frequently Asked Questions to include new information about reporting companies, beneficial owners, company applicants, reporting requirements, and reporting company exemptions, as well as updated information about FinCEN identifiers. FinCEN is now accepting…

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FinCEN Announces Registry is Now Open for Business!

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Date: 1/1/2024 U.S. Beneficial Ownership Information Registry Now Accepting Reports Today, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) began accepting beneficial ownership information reports. The bipartisan Corporate Transparency Act, enacted in 2021 to curb illicit finance, requires many companies doing business in the United States to report information about the individuals…

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Indirect vs. Direct Ownership Interest

Indirect vs. Direct Ownership Interest

A “reporting company” is what FinCEN calls a company that is required to report its Beneficial Ownership Information (or BOI).  But, who is a Beneficial Owner?  There are two broad categories of Beneficial Owners:  Those who exert “Substantial Control” over a reporting company, and those who own or control 25% or more of the “Ownership…

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What is Ownership Interest in a Reporting Company

Ownership interest is a catch-all term used by FinCEN to measure the amount of ownership or control in a “reporting company”.  A reporting company is the term used by FinCEN to refer to a company that is required to report its Beneficial Ownership Information (or BOI). Ownership interest has different forms, it can represent current…

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Types of Entities

Types of Entities

There are two categories of entities we care about, when considering Beneficial Ownership Information (BOI) reporting to FinCEN. The first category pertains to the “reporting company,” the term used by FinCEN to identify companies who are required to report their BOI, and how the type of entity of a reporting company influences how one determines…

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Entities as Beneficial Owners

Entities as Beneficial Owners

A wide-variety of entities can own a company, and the type of entity can influence how you determine Beneficial Ownership. FinCEN Defines Four Types of Entities FinCEN groups entities into four categories:  individuals, trusts, companies, and “other entities”.  “Other entities” has received very little attention by FinCEN (at least in the version 1.1 December 2023…

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