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Financial Services Law Insights and Observations

FinCEN seeks comments on beneficial ownership reporting

Financial Crimes FinCEN Agency Rule-Making & Guidance Of Interest to Non-US Persons Anti-Money Laundering Act of 2020 Anti-Money Laundering Bank Secrecy Act Beneficial Ownership

Financial Crimes

On April 1, FinCEN issued an advanced notice of proposed rulemaking (ANPRM) seeking comments on a range of issues related to the implementation of the beneficial ownership information requirements under the Corporate Transparency Act (CTA). As previously covered by InfoBytes, the CTA is included within the Anti-Money Laundering Act of 2021, which was enacted in January as part of the National Defense Authorization Act for Fiscal Year 2021. Among other things, the ANPRM requests comments on reporting procedures and standards for entities to submit information to FinCEN about their beneficial owners, as well as input on FinCEN’s implementation of related CTA provisions “that govern FinCEN’s maintenance and disclosure of beneficial ownership information subject to appropriate protocols.” According to FinCEN, the CTA amended the Bank Secrecy Act “to require corporations, limited liability companies, and similar entities to report certain information about their beneficial owners (the individual natural persons who ultimately own or control the companies).” The CTA also requires FinCEN to develop a secure, non-public database to house collected beneficial ownership information, and authorizes FinCEN to disclose beneficial ownership information to several categories of recipients, including federal law enforcement. Moreover, FinCEN is required to revise existing financial institution customer due diligence regulations concerning beneficial ownership to incorporate the new direct reporting of beneficial ownership information.

Comments on the ANPRM should be submitted by May 5.

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