AMLA Implementation: FinCEN Requests Input On Beneficial Ownership Rule

Following the enactment of the Anti-Money Laundering Act of 2020 (AMLA), which encompasses the Corporate Transparency Act (CTA), the Financial Crimes Enforcement Network (FinCEN) published an Advance Notice of Proposed Rulemaking (ANPR) on April 5, 2021, to implement Section 6403 of the CTA, relating to beneficial ownership reporting. In the ANPR, FinCEN solicits comment within 30 days on 48 questions that cover, among other topics, reporting requirements, the beneficial ownership registry, and disclosure of beneficial ownership information (BOI) to third parties. Our Client Alert on the AMLA is available here.

Background

The Bank Secrecy Act was amended by the CTA as a means to inhibit the use of U.S.-based shell corporations for illicit financial activity. The CTA requires certain companies that are formed or registered to do business in the U.S. to report BOI to FinCEN upon the company's formation or registration under state or tribal law.¹ FinCEN will