A U.S. appeals court has reinstated a nationwide injunction halting enforcement of an anti-money laundering law requiring corporate entities to disclose their beneficial ownership information.
On December 27, 2024, the U.S. Court of Appeals for the Fifth Circuit granted an emergency motion from the plaintiffs in Texas Top Shop Inc. v. Garland, which had previously resulted in a preliminary injunction issued by the U.S. District Court for the Eastern District of Texas on December 3, 2024. This injunction had blocked the implementation of the Corporate Transparency Act (CTA), which mandates that many corporations report their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) by January 1, 2025.
The Fifth Circuit panel, consisting of Judges Carl E. Stewart, Catharina Haynes, and Stephen A. Higginson, determined that the government would suffer irreparable harm if the stay were not granted. The judges noted that enforcing the CTA is crucial for combating financial crimes and protecting national security.
This decision comes amid ongoing debates regarding the constitutionality of the CTA and its implications for corporate transparency in financial dealings. The deadline for compliance has now been extended to January 13, 2025, as FinCEN adjusts its timelines in light of this ruling.
For further details on this developing story, refer to the original article from Reuters.
Sources:
[1] https://www.dlapiper.com/en-us/insights/publications/2024/12/corporate-transparency-act-deadline-extended
[2] https://www.skadden.com/insights/publications/2024/12/fifth-circuit-panel-stays-nationwide-injunction
[3] https://edis.ifas.ufl.edu/publication/WC193
[4] https://spcollege.libguides.com/c.php?g=254319&p=1695316
[5] https://www.aol.com/news/us-appeals-court-halts-enforcement-133516622.html
[6] https://guides.library.illinois.edu/periodicals/article
[7] https://www.reuters.com/legal/us-appeals-court-halts-enforcement-anti-money-laundering-law-2024-12-27/
[8] https://www.linkedin.com/pulse/how-write-quote-research-news-story-richard-berks
[9] https://www.journalofaccountancy.com/news/2024/dec/appeals-court-reinstates-injunction-that-halts-boi-enforcement.html
[10] https://today.westlaw.com/Document/I09d2ad30c45911efad5f8b04574b1368/View/FullText.html?transitionType=CategoryPageItem&contextData=%28sc.Default%29