On December 3, 2024, a Texas-based federal court issued a sweeping order that prohibits the federal government from enforcing the Corporate Transparency Act (CTA) nationwide, according to a report from the National Law Review.
The CTA, set to take effect in 2025, would have required a broad range of companies to meet significant reporting obligations. However, the federal court's preliminary injunction has temporarily blocked its enforcement. In its decision, the court stated:
"Pending before the Court is Plaintiffs’ Motion for Preliminary Injunction (Dkt. #6). Through it, Plaintiffs seek to enjoin the Government from enforcing the Corporate Transparency Act and its Implementing Regulations. Having considered the Motion, the arguments of counsel, and the applicable law, the Court concludes that the Motion should be GRANTED."
In its 70-page opinion, the court went so far as to label the CTA a "quasi-Orwellian statute," underscoring its concerns about the law's potential overreach.
What Does This Mean for Businesses?
The Financial Crimes Enforcement Network (FinCEN) has confirmed that companies are not required to file their CTA reports and will not be subject to liability for failing to file while the preliminary injunction remains in effect. If your company has already filed its CTA report with FinCEN, this preliminary injunction does not impact you, and no further action is required.
What’s Next?
While the ruling is a relief for businesses, it may not be the final word. The National Law Review notes that a government appeal is likely, which could lead to the CTA being reinstated in the future. For now, companies can pause preparations for the CTA’s reporting requirements, but it’s wise to stay in touch with financial advisers and legal counsel to remain prepared for any updates.
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