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A “beneficial owner” includes any individual who, directly or indirectly, exercises substantial control over a company that files a BOI report. An individual exercises “substantial control” over a reporting company if it meets any of three general criteria about a reporting company if it meets any of the criteria.
New rules under the Corporate Transparency Act (CTA) now require corporations, limited liability companies, and other entities to report beneficial ownership, among other information, to the Financial Crimes Enforcement Network (FinCEN). For this reason, it is important that companies involved in this process should communicate with legal advisors with experience in this area and with other service providers directly involved in the formation or registration of legal entities to help timely comply with the new beneficial ownership reporting requirements under the CTA law.
Various organizations have weighed in on FinCEN’s proposed reporting forms regarding legally required identifying information for each beneficial owner. As has been officially declared, the Corporate Transparency Law (CTA) includes in its requirement the identification of a final beneficiary.
Taking into account the reports issued by FinCEN since the Corporate Transparency Act (CTA) went into effect on January 1, 2024, it establishes that a reporting company must submit a BOI report identifying each of its beneficial owners. The report must provide the full legal name, date of birth, residential address, a unique identification number (such as a driver’s license or passport), and an image of the document containing the unique identification number, for each of the effective beneficiaries.
We already know that a company that prepares its Beneficial Ownership Report (BOI) in accordance with the Corporate Transparency Act (CTA) has the obligation to identify each of the members of its board of directors (or directors) as final beneficiaries. Although FinCEN regulations do not require a reporting company to list all members of the board of directors as beneficial owners, there are some practical considerations that should be considered when preparing the report.
