Legal News - Supreme Court allows small business registration rule to take effect

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The Supreme Court Revives Corporate Transparency Act, Mandating Small Business Registration

The Supreme Court has reinstated a key provision of the Corporate Transparency Act (CTA), requiring owners of over 32.6 million small businesses to register personal information with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). This act, designed to combat money laundering and the misuse of anonymous shell companies, was previously blocked by a federal judge in Texas and held by the 5th U.S. Circuit Court of Appeals.

[Image credit: Pexel]

Key Details of the Ruling:

  • What is Required: Small business owners must provide personal information, including photo IDs and home addresses, to FinCEN.
  • Purpose: To deter financial crimes and increase transparency in corporate ownership.
  • Legal Challenges: Opposed by Republican-led states, conservative groups, and business associations, the law was initially struck down on grounds that Congress overstepped its authority.

Reactions:

  • Supporters: Labor, environmental, and progressive groups applaud the decision as a win for transparency.
  • Opponents: Business organizations express concerns about compliance challenges and legal uncertainty. The National Small Business Association and Small Business & Entrepreneurship Council have called for clarity and leniency for late filers.

Next Steps:

  • The Supreme Court’s decision allows enforcement to proceed while the Texas case continues.
  • Advocates for repeal, including business leaders, urge Congress to reassess the mandate.

This decision marks a significant step in the federal government’s efforts to curb illicit financial activities, though its future enforcement and impact remain subjects of heated debate.


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