Ignoring FinCEN BOI Reporting is risky and can result in severe consequences. The potential financial and legal ramifications make it imperative to focus on FinCEN BOIR compliance.
May 15th, 2024 • 3 min read
As the business landscape continues to evolve, so do the regulatory requirements that govern it. Under the Corporate Transparency Act, many entities registered with a Secretary of State must submit a Beneficial Ownership Information Report (BOIR) with FinCEN (Financial Crimes Enforcement Network of the U.S. Treasury Department).
Compliance with FinCEN’s BOIR requirements is not just a regulatory formality; it's a legal obligation that carries significant penalties for non-compliance.
Ignoring FinCEN BOI Reporting is risky and can result in severe consequences. Individuals that fail to comply may be subject to:
The potential financial and legal ramifications make it imperative to focus on FinCEN BOIR compliance.
If you believe FinCEN BOI Reporting is a temporary requirement that can be ignored, it's time to reconsider. States such as New York, Massachusetts, California, and Maryland are already implementing or preparing to enact legislation that mirrors or even expands upon FinCEN’s requirements. As you can see from the chart below, the current trends signal a clear shift towards regulations requiring the disclosure of beneficial owners at both the state and federal levels:
FinCEN (Federal)
Nearly all entities formed or registered with a Secretary of State or any similar office under the laws of a state or an Indian tribe
Formed before 2024
By December 31, 2024
BOI details are only viewable by law enforcement or if requested under a court order.
Formed in 2024
Within 90 days after formation.
New York (State)
New York LLCs or LLCs qualified to do business in NY
Formed before 2026
By January 1, 2027
BOI details are only viewable in certain circumstances including by law enforcement or if requested by court order.
Formed in 2026
Within 30 days of submitting articles of organization or application to do business in NY
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