On January 23, 2025, the United States Supreme Court lifted the injunction that the Fifth Circuit Court of Appeals had put in place on December 26, 2024. While at first blush this would indicate that limited liability companies and corporations are now, once again, required to register with the U.S. Treasury Department’s FinCEN. However, a Federal District Court judge for the Eastern District of Texas had previously issued a nationwide injunction in a separate case and FinCEN recognizes that the injunction in that case is still in place. Currently, individuals and entities are permitted to continue to register with FinCEN but the obligation to register is not. This means that entities are NOT required to register with FinCEN under the law at this time. THE FUTURE This is not the end of this matter. Numerous federal courts will be reviewing the constitutionality of the law itself in the coming weeks

On December 3, 2024, the Federal District Court in Texas issued an injunction making it clear that limited liability companies and corporations were not required to register with the U.S. Treasury Department’s FinCEN. Entities were permitted to continue registering with FinCEN but the injunction raised questions as to the constitutionality of the new federal law and determined that pending further review, the obligation to register could not be mandated. The Department of Justice immediately asked the Court to stay the injunction which the District Court declined to do. The Justice Department filed an appeal with the Fifth Circuit Court of Appeals and on Monday December 23, 2024, the injunction was lifted. This means that entities are required to register with FinCEN under the law. REVISED DEADLINES: FinCEN recognized that the injunction which had been in effect for three weeks impacted many individuals and has decided to extend the deadline by