ARTICLE
5 December 2024

Corporate Transparency Act Update: Texas Federal Court Issues Nationwide Injunction

KM
Keating, Meuthing & Klekamp

Contributor

Keating Muething & Klekamp PLL is a nationally recognized law firm of approximately 130 lawyers in Cincinnati, Ohio. We deliver sophisticated legal solutions to individuals and businesses of all sizes — from start-up companies to Fortune 50 corporations. While the firm has primarily built its reputation in the tri-state area, including Ohio, Kentucky, and Indiana, our unwavering client-first approach has helped us establish a national and international presence.

Since 1954, KMK Law has been a pillar of the Cincinnati community. The attorneys and staff at KMK Law have dedicated themselves to serving as trusted advisors for private and public companies, nonprofits, charity-focused organizations, and individuals from every walk of life. Whether our counsel is to a multi-billion dollar company, or an individual working to make sure their life’s work is protected for their family and the organizations they support, we are proud and honored to help those clients achieve their aspirations, every time.

As the January 1, 2025 reporting deadline for beneficial ownership information under the Corporate Transparency Act ("CTA") quickly approaches, the United States District Court for the Eastern District of Texas ("Court")
United States Corporate/Commercial Law

As the January 1, 2025 reporting deadline for beneficial ownership information under the Corporate Transparency Act ("CTA") quickly approaches, the United States District Court for the Eastern District of Texas ("Court") issued a critical decision which has caused significant uncertainty.1 On December 3, 2024, the Court issued a preliminarily injunction, temporarily blocking enforcement of the CTA and its reporting rule nationwide. The Court specifically stated "reporting companies need not comply with the CTA's January 1, 2025, [beneficial ownership information] reporting deadline pending further order of the Court."

The preliminary injunction follows the Court's determination that the CTA is likely unconstitutional and its implementation would irreparably harm reporting entities forced to comply. Importantly, the Court's ruling is not a final determination of the CTA's constitutionality. So, while the Court's ruling temporarily halts businesses' reporting obligations under the CTA nationwide, businesses should remain cautious and be on the lookout for any new developments.

KMK will continue to monitor the case and the status of the preliminary injunction. Companies are encouraged to continue monitoring the status of the injunction and their CTA filing obligations. To the extent that the injunction is overturned or narrowed from a nationwide injunction, companies may be required to continue making their CTA filings by the January 1, 2025 deadline.

Footnote

1. Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478 (E.D. Tex.).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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