ARTICLE
5 December 2024

Legal Pause: Preliminary Injunction On Corporate Transparency Act Enforcement

Wa
Ward and Smith, P.A.

Contributor

Ward and Smith, P.A. is the successor to a practice founded in 1895.  Our core values of client satisfaction, reliability, responsiveness, and teamwork are the standards that define who we are as a law firm.  We are an established legal network with offices located in Asheville, Greenville, New Bern, Raleigh, and Wilmington. 
On December 3, 2024, in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U. S. District Court for the Eastern District of Texas (Sherman District) issued a preliminary injunction against the Corporate Transparency Act.
United States Corporate/Commercial Law

On December 3, 2024, in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U. S. District Court for the Eastern District of Texas (Sherman District) issued a preliminary injunction against the Corporate Transparency Act.

In the opinion, the Court stated that the Corporate Transparency Act and its Implementing Regulations are likely unconstitutional. Accordingly, the Court issued a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act and its impending January 1, 2025 filing deadline. In summary, this means that all entities that are considered "reporting companies" under the Corporate Transparency Act, including small businesses and community associations, and who have yet to file their "beneficial owner information" with FinCEN can press the pause button until a final determination on the constitutionality of the Corporate Transparency Act can be determined.

It is important to note that this is a preliminary injunction and is subject to change. To this end, we urge you to pay attention to all future client alerts regarding this preliminary injunction.

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More