ARTICLE
7 January 2025

Corporate Transparency Act Updates: Fifth Circuit Vacates The Stay And Preliminary Injunction Reinstated

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 previously reported, on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction on the enforcement...
United States Corporate/Commercial Law

As previously reported, on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction on the enforcement of the Corporate Transparency Act (the "CTA") and its reporting obligations. On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit granted a stay of the preliminary injunction. Following the Fifth Circuit's stay, the Financial Crimes Enforcement Network ("FinCEN") released a statement granting an extension to the CTA year-end reporting deadline to January 13, 2025.

However, on December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated their stay of the preliminary injunction in light of the expedited ruling expected on the merits of the preliminary injunction.

FinCEN has not yet issued a statement but it is anticipated that they will comply with the injunction as they did last time while allowing reporting companies to voluntarily submit reports. In light of ongoing uncertainty, KMK recommends that entities continue preparing their CTA reports and be prepared to file on short notice if the preliminary injunction is one again stayed or overturned.

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