Why You Should Care About FinCEN BOI Reporting

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.

The Stakes of 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.

Entity Reporting is Trending Upward and Here to Stay

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)

Entity Types
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.

Who can see the BOI details after filing?
BOI details are only viewable by law enforcement or if requested under a court order.

  • If formed before 2024,
    Timing of Reporting Requirements:
    By December 31, 2024
  • If formed in 2024,
    Timing of Reporting Requirements: Within 90 days after formation.
New York (State)

Entity Types
New York LLCs or LLCs qualified to do business in NY

Who can see the BOI details after filing?
BOI details are only viewable by law enforcement or if requested under a court order.

  • If formed before 2026,
    Timing of Reporting Requirements:
    By January 1, 2027
  • If formed in 2026,
    Timing of Reporting Requirements:
    Within 30 days of submitting articles of organization or application to do business in NY
Jurisdictions
Entity Types
Timing of Entity Formed
Timing of Reporting Requirements
Who can see the BOI details after filing?

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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