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Client Alert: Texas Court Halts Corporate Transparency Act Nationwide

UPDATE

On December 3, 2024, a Texas Federal court issued a nationwide injunction on the Corporate Transparency Act. The injunction means that, as of this moment, no business is required to comply with the CTA pending further guidance or court action. The opinion can be found here.

We will follow this news for further guidance and provide necessary updates.

Below is our original alert:


The Corporate Transparency Act (“CTA”) went into effect January 1, 2024. The deadline for many entities to make this filing is January 1, 2025, which is fast approaching.

It is important to determine whether your entity is subject to the reporting requirement under the CTA. There are 23 categories of entities that are exempt from the reporting requirement.

Any existing entity formed prior to January 1, 2024, has until January 1, 2025, to file its first beneficial ownership information (“BOI”) report, if it is subject to the reporting requirement. Any new entity that was or is formed on or after January 1, 2024, is required to file its first BOI report, if applicable, within 90 days after the date of formation.

Failure to comply could lead to civil and criminal actions for each violation, including a civil penalty up to $500 per day a violation continues and even a criminal penalty of up to $10,000, imprisonment for up to two years, or both. Even if your company was dissolved during 2024, it still owes a report, unless it is exempt.

Employers and companies with questions about how to comply with the CTA should consult their Bowditch attorney. We will assume you are handling these matters on your own unless you request assistance from your Bowditch attorney in writing.

About the Authors

Julie K O'Neill
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Partner

Julie K. O’Neill

Julie O’Neill focuses her practice on business, corporate and securities law, and counseling individuals and entities at all stages of the corporate life cycle on a wide variety of sophisticated transactions in the U.S., Canada, and abroad. Julie regularly handles:

  • Entity selection and formation
  • Private placements including angel and venture capital equity financings
  • Limited liability company operating agreements and shareholders’ agreements
  • Mergers and acquisitions
  • Recapitalizations
  • Private equity fund formation
  • Secured transactions
  • Employment issues and partnership disputes
  • Licensing arrangements and general contract matters
  • Trademark and copyright registrations
Stay Connected
LinkedIn

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Zachary Chupak
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Associate

Zachary M. Chupak

Zachary Chupak is an Associate in the Estate, Financial & Tax Planning Practice Area. He assists high-net worth individuals and families in need of asset protection, business succession planning and gift and estate tax strategies. Multi-generational and blended families seek Zach’s assistance with estate planning, estate administration, probate and tax litigation, and family office needs.  

Stay Connected
LinkedIn

More Posts by Author ›

About the Authors

Julie K O'Neill
Stay Connected
LinkedIn

Partner

Julie K. O’Neill

Julie O’Neill focuses her practice on business, corporate and securities law, and counseling individuals and entities at all stages of the corporate life cycle on a wide variety of sophisticated transactions in the U.S., Canada, and abroad. Julie regularly handles:

  • Entity selection and formation
  • Private placements including angel and venture capital equity financings
  • Limited liability company operating agreements and shareholders’ agreements
  • Mergers and acquisitions
  • Recapitalizations
  • Private equity fund formation
  • Secured transactions
  • Employment issues and partnership disputes
  • Licensing arrangements and general contract matters
  • Trademark and copyright registrations
Stay Connected
LinkedIn

More Posts by Author ›

Zachary Chupak
Stay Connected
LinkedIn

Associate

Zachary M. Chupak

Zachary Chupak is an Associate in the Estate, Financial & Tax Planning Practice Area. He assists high-net worth individuals and families in need of asset protection, business succession planning and gift and estate tax strategies. Multi-generational and blended families seek Zach’s assistance with estate planning, estate administration, probate and tax litigation, and family office needs.  

Stay Connected
LinkedIn

More Posts by Author ›

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