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Should I File a FINCEN BOI Report Despite Ongoing Court Challenges?

Posted by Stephanie Bahr | Jan 20, 2025 | 0 Comments

The landscape surrounding the Financial Crimes Enforcement Network (FINCEN) and its Beneficial Ownership Information (BOI) reporting requirements is in flux, particularly due to recent court cases questioning the validity of these mandates. This uncertainty leaves many individuals and businesses pondering whether they should file a FINCEN BOI report.  FINCEN, a branch of the U.S. Department of the Treasury, is focused on preventing financial crimes like money laundering. A BOI report requires companies to disclose beneficial owners—those owning or controlling 25% or more of the company. Required information includes names, addresses, dates of birth, and identifying numbers.

Filing a BOI report is vital for federal compliance. Non-compliance can lead to hefty fines and legal issues. Moreover, these regulations assist in combating financial crimes, contributing to a safer financial system. 

Recent court cases have raised concerns about the constitutionality of BOI reporting, with some arguing it infringes on privacy rights. This ongoing litigation has created confusion over the obligation to file these reports.

Determining whether to file a FINCEN BOI report amidst ongoing court challenges is complex. While some may opt to wait for clearer legal guidance, it's often advisable to comply with existing regulations to avoid penalties.  Foley and Foley Law Office, P.C. recommends filing the BOI report to mitigate the risk of being caught off guard by a court ruling that may require immediate action, especially since deadlines may have already passed.

If you are part of a South Dakota Corporation or Limited Liability Company and need help navigating FINCEN BOI reporting or want to stay informed on legal developments, contact us today. Our expert team is here to support your compliance needs and safeguard your business interests.

About the Author

Stephanie Bahr

Stephanie Bahr is a full-time Legal Assistant at Foley and Foley Law Office, P.C. She was born in Edina, Minnesota, and has resided in Watertown, South Dakota since 1992. To further her education after high school, she attended St. Cloud State University and Mt. Marty College. As a teenager and f...

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