BOI Reporting - Beneficial Ownership Report

 

 

BOI  REPORT

Beneficial Ownership Information Report

Please do the research on your own.  I wanted to give our clients an overview of what the BOI reporting was all about.

Who Has to Report?  Companies required to report are called reporting companies. Reporting companies may have to obtain information from their beneficial owners and report that information to FinCEN.

Your company may be a reporting company and need to report information about its beneficial owners if your company is:

  1. A corporation, a limited liability company (LLC), or was otherwise created in the United States by filing a document with a secretary of state or any similar office under the law of a state or Indian tribe ; or
  2. A foreign company and was registered to do business in any U.S. state or Indian tribe by such a filing.

When Do I Report?  Starting on January 1, 2024, many companies in the United States will have to report information about their beneficial owners, i.e., the individuals who ultimately own or control the company. They will have to report the information to the Financial Crimes Enforcement Network (FinCEN). FinCEN is a bureau of the U.S. Department of the Treasury.

If your company was created or registered on or after January 1, 2024, and before January 1, 2025, you must report BOI within 90 calendar days after receiving actual or public notice that your company’s creation or registration is effective, whichever is earlier.

If your company was created or registered on or after January 1, 2025, you must file BOI within 30 calendar days after receiving actual or public notice that its creation or registration is effective.

• Any updates or corrections to beneficial ownership information that you previously filed with FinCEN must be submitted within 30 days.

Who Does Not Have to Report? Twenty-three types of entities are exempt from the beneficial ownership information reporting requirements. These entities include publicly traded companies, nonprofits, and certain large operating companies.

How Do I Report? Reporting companies will have to report beneficial ownership information electronically through FinCEN’s website: www.fincen.gov/boi • The system will provide the filer with confirmation of receipt once a completed report is filed with FinCEN.

What items do I need to collect to use on the BOI reporting?  When filing BOI reports with FinCEN, the rule requires a reporting company to identify itself and report four pieces of information about each of its beneficial owners: name, birthdate, address, and a unique identifying number and issuing jurisdiction from an acceptable identification document (and the image of such document).

Who Does Not Have to Report? Twenty-three types of entities are exempt from the beneficial ownership information reporting requirements. These entities include publicly traded companies, nonprofits, and certain large operating companies.

 

Additional information regarding the filing

Small Entity Compliance Guide https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf

Financial Crimes Enforcement Network FinCEN

https://www.fincen.gov/boi

Beneficial Ownership Information Reporting Rule Fact Sheet

U.S. Beneficial Ownership Information Registry Now Accepting Reports

Beneficial Ownership Information Reporting

Beneficial-ownership filing mandate takes effect in 2024