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CTA Impact on Non-U.S. Entities and U.S. Entities With Foreign Beneficial Owners: Prepping for Initial BOI Reporting

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, December 4, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 8, 2024

or call 1-800-926-7926

This CLE webinar will examine the Corporate Transparency Act (CTA) and its impact on foreign entities, including who is considered a "foreign reporting company" subject to new beneficial ownership information (BOI) reporting requirements and whether an exemption applies. The panel will also discuss certain state laws that may impose similar reporting requirements as the CTA. Finally, the panel will describe best practices for counsel to assist their international clients with preparing for the CTA's rapidly approaching initial BOI reporting deadline with the Financial Crimes Enforcement Network (FinCEN, a bureau of the U.S. Department of the Treasury) and ongoing compliance.

Description

The CTA requires certain U.S. and foreign entities, defined as "reporting companies," to report certain identifying information about themselves, their beneficial owners, and company applicants to FinCEN within certain prescribed time periods, depending on whether the reporting company was formed or registered prior to, or on or after Jan. 1, 2024. Counsel should understand how to assist their covered international clients with preparing for and filing their initial BOI report with FinCEN by Jan. 1, 2025.

The CTA imposes a significant administrative burden on foreign entities that qualify as "foreign reporting companies”; i.e., entities formed under foreign law that have registered to do business in a state or Indian Tribe by the filing of a document with a secretary of state or a similar office under the law of a state or Indian Tribe. Likewise, foreign beneficial owners of "domestic reporting companies,” an entity such as a corporation, an LLC, or a similar entity created by the filing of a document with a secretary of state or a similar office under the law of a state or Indian tribe also will be impacted.

The initial filing deadline is non-extendable, and failure to comply with the new reporting requirements may result in serious civil and criminal penalties.

Listen as our expert panel describes the CTA's requirements and the impact on foreign companies doing business in and investing in the U.S. The panel will also discuss certain state laws that may impose similar reporting requirements as the CTA. Finally, the panel will describe best practices for counsel to assist their covered international clients with preparing for and filing their initial BOI report as required by the CTA.

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Outline

  1. Corporate Transparency Act overview
  2. Covered entities and exemptions
    1. Domestic
    2. Foreign
  3. Beneficial ownership and exceptions
  4. Company applicants
  5. When to use a FinCEN identifier
  6. Reporting data
    1. Relevant data
    2. Completing the reporting form
    3. Initial, updated, and corrected reports
    4. Foreign personal data: example Switzerland
  7. Penalties
  8. State tax developments relating to CTA-like initiatives
  9. Considerations unique to foreign companies and investment
  10. Best practices
    1. Developing privacy policies relating to the CTA
    2. Other compliance and planning considerations

Benefits

The panel will cover the operational rules and steps to take to comply with the CTA's BOI reporting rules:

  • Whether a foreign or domestic entity is (1) out of scope, (2) eligible for an exemption, or (3) a reporting company
  • How to determine who is a beneficial owner and exceptions thereto
  • How to determine who is a company applicant
  • When to use a FinCEN Identifier
  • What information has to be gathered and updated for purposes of reporting
  • How to fill in the reporting form
  • What needs to be considered when reporting foreign (by way of example Swiss) personal data
  • Explain what is an initial, updated, and corrected report and when these reports are due
  • The penalties that may apply if reports are not accurately, completely, and timely filed
  • The importance of a reporting company to adopt privacy policies relating to the CTA
  • Other compliance and planning matters that need to be considered
  • State tax developments relating to CTA-like initiatives

Faculty

Granwell, Alan
Alan Winston Granwell

Of Counsel
Holland & Knight

Mr. Granwell has been practicing in international taxation for more than 45 years and previously was director of the...  |  Read More

Zagaris, Bruce
Bruce Zagaris

Partner
Berliner, Corcoran & Rowe

Mr. Zagaris has advised individuals, entities and governments on international business, especially the regulatory and...  |  Read More

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Early Discount (through 11/08/24)

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Early Discount (through 11/08/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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