In January of 2024 FinCEN will require businesses to report beneficial ownership, as outlined in the Corporate Transparency Act. The legislation includes the term ” Reporting Company Applicant.” But what is that exactly, and how does it fit into this new law? This article will explore what a Reporting Company Applicant is, and how it relates to the Corporate Transparency Act.
What is the Corporate Transparency Act?
The Corporate Transparency Act (CTA) requires businesses to report the details of their beneficial owners to a government-maintained registry. The intent of this legislation is to curb the use of shell companies for financial crimes. According to the guidelines, beneficial owners are individuals who own at least 25% of the company, and/or exercise significant control over the company’s operations.
What is a Reporting Company Applicant?
Under the Corporate Transparency Act, companies qualify as a “Reporting Company Applicant” when they apply for incorporation, registration, or formation with registered agents. A Reporting Company Applicant is responsible for reporting the details of its beneficial owners to FinCEN.
What information must a Reporting Company Applicant provide?
A Reporting Company Applicant must provide comprehensive information regarding the company’s beneficial owners. The full legal name, date of birth, residential address, and an acceptable identification document is required for each beneficial owner. Applicants must also submit an acknowledgment statement signed by each beneficial owner. This statement indicates that they are aware of the submission and understand that their information will be reported.
What are the penalties for non-compliance?
Failure to comply with the reporting requirements of the Corporate Transparency Act carries substantial penalties. A company could face significant civil or criminal fines, dissolution of the company, or even imprisonment. A Reporting Company Applicant should take compliance with this new legislation seriously, as the penalties for non-compliance are severe.
How can a business comply with the Corporate Transparency Act?
To comply with the Corporate Transparency Act, businesses must identify their beneficial owners, provide their information to a government registry, and ensure that all documentation is up-to-date and accurate. Reporting Company Applicants must keep accurate records of the beneficial owners’ information. Any changes to the ownership structure must be reported as soon as possible. Working with a trusted corporate attorney can help ensure compliance with the Corporate Transparency Act, protect the company’s legal rights, and prevent penalties for non-compliance.
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