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Eleventh Circuit Upholds Corporate Transparency Act, Reversing Lower Court

The decision validates federal authority to require beneficial‑ownership disclosures to combat illicit finance.

Overview

  • The appellate panel held the CTA facially regulates economic activity because corporations and LLCs are inherently commercial instruments.
  • The court rejected a Fourth Amendment challenge, finding the law’s uniform, limited data requests are not unreasonable searches or seizures.
  • The CTA requires reporting of names and identifiers for “beneficial owners” controlling at least 25% or exercising substantial control, as well as company applicants.
  • Despite the ruling, a March Interim Final Rule from the Treasury Department currently exempts domestic entities from filing, leaving only foreign entities registered to do business in the U.S. obligated to report.
  • The case was remanded for further proceedings, and while the CTA stands as constitutional, the filing scope could change if Treasury revises or rescinds the current exemptions.