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File the Beneficial Ownership Information Report (BOIR)

9/20/2024

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  You are probably required to file with FinCEN if you have an entity (reporting company) that has been registered with the Secretary of State (SOS) with any of the following entities:

 -Corporation S, C, Professional, HOA or anything registered with the SOS.
-Limited Liability Companies, all types or anything registered with the SOS.
-Partnerships, Limited, General, Family or anything registered with the SOS.
-MAYBE a Sole Proprietorship if you have an Assumed Business Name, Fictitious Business Name, Trade Name or Doing Business As. Anything registered with the SOS.
-Trusts, Non-Profits, Estates, or other entities. Anything registered with the SOS.
 
When To File
If the reporting company was created or registered:
-Before January 1, 2024, then file before January 1, 2025
- On or after January 1, 2024 and before January 1, 2025, then file 90 days after receiving actual or public notice that its creation or registration is effective
-On or after January 1, 2025 then file 30 days after receiving actual or public notice that its creation or registration is effective
 
Here is a list of the exceptions.
The entity’s ownership interests are controlled or wholly owned, directly or indirectly, by any of these types of exempt entities:
  • Securities reporting issuer;
  • Governmental authority;
  • Bank;
  • Credit union;
  • Depository institution holding company;
  • Broker or dealer in securities;
  • Securities exchange or clearing agency;
  • Other Exchange Act registered entity;
  • Investment company or investment adviser;
  • Venture capital fund adviser;
  • Insurance company;
  • State-licensed insurance producer;
  • Commodity Exchange Act registered entity;
  • Accounting firm;
  • Public utility;
  • Financial market utility;
  • Tax-exempt entity; or
  • Large operating company.
 
What most people need before they file:
  • Collect the required information from beneficial owners and company applicants of each individual’s name, date of birth, address, a unique identifying number from an acceptable identification document, and the name of the issuing jurisdiction of that identification document.
             (If an individual has a FinCEN ID, that may be collected instead.)
  • Obtain an electronic image of the acceptable identification document, which is required for each company applicant and beneficial owner unless a FinCEN ID is provided. An acceptable identification document is a State-issued driver’s license, State/local/Tribe-issued ID, U.S. passport, or foreign passport. Note: A foreign passport is only acceptable if the individual does not have one of the other identifying documents.
The image must be a complete, clear, and readable image of the page or side of the identifying
document containing the unique identifying number, and other identifying data. The supported
formats are JPG/JPEG, PNG, and PDF. The maximum file size for each image is 4 MB.

Here are the links to file and for more information:
 
File a return - https://boiefiling.fincen.gov/fileboir
Filing Instructions - https://boiefiling.fincen.gov/resources/BOIR_Filing_Instructions.pdf
FAQs - https://www.fincen.gov/boi-faqs#L_1
Small-Entity-Compliance-Guide - https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf
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