Kevin Henderson
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khendersonco.bsky.social
Kevin Henderson
@khendersonco.bsky.social
Attorney | Entrepreneur | Investor | Helping entrepreneurs buy and sell small businesses | Co-founder @smblawgroup and @thesmbcenter
Obviously breaking news, so not sure the implications for when enforcement will begin again or if the new administration will take different approach, but I'm sure we'll hear from FinCEN soon.

I suspect they've had an announcement ready and in waiting.
January 23, 2025 at 8:13 PM
Justice Jackson dissented and filed a dissenting opinion.

I'll be reviewing the detached opinion when it's available and sharing updates, but the long and short of it, is those that haven't made their filings are going to have to.
January 23, 2025 at 8:13 PM
The Supreme Court just announced the application by the Federal Government to "stay" the temporary restraining order entered by the lower court has been granted.

Justice Gorsuch filed a concurrence (he agrees with the decision but for different reasons).
January 23, 2025 at 8:13 PM
🚨🚨Another insane BOI Update🚨🚨

5th Circuit today has vacated its own motions panel’s decision to stay the District Court’s injunction against enforcement of the CTA.

The takeaway of that word salad?

The injunction is back!! 🎉
December 28, 2024 at 12:55 AM
Of course the "not currently" language is carrying a lot of weight here.

Who knows what the future holds, at the 5th Circuit or otherwise, but at least from now we have clarity.

Enjoy the New Year holiday and we'll keep you posted as the saga continues to unfold into 2025.
December 28, 2024 at 12:54 AM
Just kidding. They said what they had no other choice than to say - that reporting companies are "not currently required to file beneficial ownership with FinCEN" (emphasis added).

So there's the official confirmation - you are not "currently" required to make any filings.
December 28, 2024 at 12:54 AM
This is another wild twist in the ongoing saga, and one I definitely did not see coming, at least this fast.

As always, stay tuned for more news as it breaks!
December 27, 2024 at 2:29 AM
Enforcement of the Corprate Transparency Act is again blocked pending the 5th Circuit’s consideration of the parties “weighty substantive arguments” in order to “preserve the constitutional status quo”.

Screenshots attached.
December 27, 2024 at 2:29 AM
✅ Companies formed between December 3, 2024 and today have an additional 21 days beyond their original deadline.

✅ Any companies formed starting January 1, 2025 are subject to the original rule - 30 days to file.

Screenshots below.
December 24, 2024 at 1:01 AM
Some estimates put current non-compliance at a breathtaking 80-90%, so this could get interesting.

Sorry for the holiday surprise, but Merry Christmas, Happy New Year, and make sure to get your information submitted to the federal government!

We'll keep you posted as we know more.
December 23, 2024 at 10:27 PM
Any company formed prior to January 1, 2024 will technically be in non-compliance and subject to penalties starting January 1, 2025.

Any company formed in 2024 has 90 days from the date of filing, so if you haven't filed yet, you may already be behind.
December 23, 2024 at 10:27 PM
As a result, the FinCEN beneficial ownership filing requirements remain in full force and effect.

FinCEN has not yet publicly reacted or issued a statement on compliance, and it's possible that they grant a temporary reprieve beyond the end of the year, but that’s not guaranteed.
December 23, 2024 at 10:27 PM