Last week, the Financial Crimes Enforcement Network (“FinCEN”) of the Department of the Treasury announced a Notice of Proposed Rulemaking (“NPRM”) to implement the beneficial ownership reporting requirements of the Corporate Transparency Act (“CTA”), part of the Anti-Money Laundering Act of 2020.  This legislation requires a range of U.S. legal entities, and non-U.S. legal entities registered to do business in the United States, to report information on their underlying beneficial owners to FinCEN.

The NPRM addresses and interprets four key aspects of the CTA: who must report, when they must report, what information they must report, and what penalties apply for violations of reporting requirements. Companies should review the CTA and the NPRM, including the definition of “reporting company” and the related exemptions, to determine whether it will impose reporting requirements on them. Parties may submit written comments to FinCEN about the NPRM until February 7, 2022.

Please click here to read the full alert memorandum.