Understanding the Corporate Transparency Act and Helping your Clients Comply (OnDemand Streaming and Recorded Packages)

What You Will Learn

Program will be held live and recorded on November 14th, 2024.

Agenda

Faculty: Bruce Givner, Eileen Duffy Robinett, Vince Farhat

10:00 a.m. – 10:50 a.m. Pacific
12:00 p.m. – 12:50 p.m. Central

1:00 p.m. – 1:50 p.m. Eastern

History of CTA, Entities Impacted & Exempt Entities
Bruce Givner, Vince Farhat and Eileen Duffy Robinett 

History of CTA

• Legislative background and intent

Entities Impacted 

• What is a Reporting Company?
• Who/What is not impacted?

Exempt Entities 

10:50 a.m. – 11:30 a.m. Pacific
12:50 p.m. – 1:30 p.m. Central
1:50 p.m. – 2:30 p.m. Eastern
Who are the Beneficial Owners & Company Applicants
Eileen Duffy Robinett

Who are the Beneficial Owners

• Who is a beneficial owner?
• The complexities of determining substantial control
• The complexities of calculating ownership interests when there are different types of capital, voting and profits interests
• The trouble with trusts
• What guidance has FinCEN provided?

Company Applicants

• Who, what and when? 
• Is updating required? 

11:30 a.m. – 11:40 a.m. Pacific 

1:30 p.m. – 1:40 p.m. Central

2:30 p.m. – 2:40 p.m. Eastern 

BREAK

11:40 a.m. – 12:45 p.m. Pacific 
1:40 p.m. – 2:45 p.m. Central
2:40 p.m. – 3:45 p.m. Eastern 
Beneficial Ownership Information Report (BOIR):
Contents, Timing, Gathering Information & Access
Bruce Givner and Vince Farhat 

BOIR Contents and Timing  

• What does the BOIR require?
• Reporting Companies
• Company Applicants
• Beneficial Owners
• Special Reporting Rules
• FinCEN ID numbers
• Phased deadlines for filing
• Changes in information previously reported
• Timing
• Use of FinCEN Identifiers
• Becoming Exempt
• Monitoring continued exemption
• The three effective dates
• Allegedly confidential database

Gathering the information 

• Process for gathering information
• Recording keeping
• Governing documents
• How to monitor the need to update
• To what extent can you rely on clients?
• Strategies for ensuring compliance
• Should you offer this service?

12:45 p.m. – 12:50 p.m. Pacific 

2:45 p.m. – 2:50 p.m. Central

3:45 p.m. – 3:50 p.m. Eastern 

BREAK

12:50 p.m. – 1:05 p.m. Pacific
2:50 p.m. – 3:05 p.m. Central
3:50 p.m. – 4:05 p.m. Eastern
Enforcement and Penalties
Vince Farhat 

• Criminal and civil penalties for non-compliance
• Standards for when FinCEN can share information with law enforcement agencies

1:05 p.m. – 1:30 p.m. Pacific

3:05 p.m. – 3:30 p.m. Central

4:05 p.m. – 4:30 p.m. Eastern

Legislative and Judicial Update

Vince Farhat 

• Proposed federal legislative responses to CTA
  • Senate action on H.R. 5119
• Judicial action since the Alabama District Court Decision in the NSBA v. Yellen case
• Overview of constitutional claims and current status of federal court challenges to CTA
• Proposals to enact state-level CTAs

Faculty

Vince Farhat, Esq.
Partner
Jeffer Mangels Butler & Mitchell LLP

Vince Farhat is a partner and chair of JMBM’s White Collar Defense and Investigations practice. Vince has extensive jury trial experience and focuses his practice on representing companies and individuals in criminal and civil investigations and prosecutions by government enforcement agencies, as well as complex federal litigation. He also advises companies in connection with complex and sensitive internal investigations.

Prior to joining JMBM, Vince served as an assistant United States attorney in the Major Frauds Section of the U.S. Attorney’s Office for the Central District of California. As a federal prosecutor, he investigated and prosecuted white collar crimes, including healthcare fraud, bank fraud, mail fraud, wire fraud, bankruptcy fraud and money laundering. While in the Major Frauds Section, Vince served as the criminal healthcare fraud coordinator for the U.S. Attorney’s Office and oversaw the investigative activities of the U.S. Department of Justice Medicare Fraud Strike Force for the Central District. He regularly worked with civil fraud attorneys and other prosecuting agencies in parallel fraud investigations. Vince’s criminal trial experience includes cases involving healthcare fraud, wire fraud, bankruptcy fraud, money laundering, immigration fraud and criminal forfeiture.

Before becoming a criminal prosecutor, Vince was an assistant U.S. attorney in the Civil Division of the U.S. Attorney’s Office where he represented the United States in commercial litigation and other civil cases. Vince served as a law clerk to the Honorable Edward Rafeedie, U.S. district court judge for the Central District of California. Vince works as an adjunct professor at Loyola Law School where he teaches white collar and healthcare law. 

Vince is an experienced trial lawyer who understands business risk from the client’s perspective. He regularly represents financial services companies, government contractors, consulting firms, real estate and construction companies, healthcare providers, family offices, nonprofits, and trustees and fiduciaries in government investigations, corporate internal investigations, and complex, high-stakes litigation. 

Bruce Givner, Esq.

KFB Rice LLP

Mr. Givner has been practicing tax law for almost five decades concentrating on income tax planning, estate tax planning, sophisticated retirement plans, asset protection planning, charitable planning, capital gain planning, tax litigation, and the representation of high net worth and high income families, as well as individuals and their closely held corporations.

He is the author of close to 150 articles in professional journals. He is also the author, co-author or editor of 18 chapters in various CEB treatises.

Bruce represented the prevailing taxpayers in L&B Pipe & Supply Co., Inc. v. Commissioner, T.C. Memo 1994-187 and has been cited favorably by both the U.S. Tax Court (Judge Nims in Fujinon Optical, 76 T.C. 499 (footnote 10) and the California Court of Appeals (Judge Lui in FTB v. Safeco, 164 CA 3rd 526.  He has been AV rated by Martindale-Hubbell for 3 decades and is a SuperLawyer.

Eileen Duffy Robinett, Esq.
Of Counsel
Thompson Coburn

Eileen is a seasoned corporate and securities attorney with extensive involvement with public company legal compliance, disclosure, governance, financings, and acquisitive/dispositive transactions. After taking a career hiatus, Eileen has returned to practicing law.

She has experience preparing and reviewing current and periodic reports filed with the SEC (10-K, 10-Q, 8-K), Section 16 filings, Schedule 13D/G filings, registration statements, proxy statements and annual reports. Eileen has advised clients about insider trading policies, Rule 10b5-1 plans, codes of conduct, disclosure controls and procedures and many Board of Director corporate and securities law considerations, such as charters, calendars, resolutions, share repurchase programs, stock splits and defensive takeover considerations.

Eileen is a former speaker for the Practising Law Institute. She earned her J.D. from the University of California, Berkeley – School of Law.

Fees

Seminar Materials are included with OnDemand and all recorded package options.

OnDemand Streaming!  On-Demand Streaming allows for a single person to view the seminar unlimited times until one year after the seminar is held.

Recorded Packages!  Recorded Packages allow for a single person to download and view the program recording and are also available via DVD or CD.

Discounted rates are available for 2-4 attorneys at your firm.  Licenses are available for law firms or agencies that would like to distribute the video package or OnDemand Streaming access to more than four attorneys at their firm or agency.

Fees:

OnDemand Streaming:  $249

Recorded Packages via Download or CD/DVDs:

Video Recording – DVD or Download: $249

Audio Only (for in your car, etc.) Recording – CD or Download:  $249

Order both the Video and Audio Only Packages for only $50 more – Download, DVD or CD: $299

$10 shipping and sales tax (in California) are added at checkout to DVD/CD orders.

This program will be recorded live on November 14, 2024. Because we record our seminars live and they are edited, OnDemand Streaming and Recorded Packages will be available approximately one week after the seminar is held.

Your OnDemand access is good for up to one-year from the time of purchase.  Please be sure to select OnDemand Streaming to the right and check out. OnDemand can be watched from any type of device.

*The Video recording is a video of the webinar (with sound). The Audio Only recording are audio files only and are for those who wish to listen to it without watching a video (such as in the car or while walking).

Note: OnDemand Streaming can be watched from any device. However, all download packages must be downloaded to a computer first, before transferring them to another device due to downloading as zip files containing both the video/audio and a large folder with seminar materials contained in the download package.

Tesimonials

This is a new seminar, so we do not have testimonials specific to this program. As soon as it is held, we will publish them.This is a new seminar, so we do not have testimonials specific to this program. As soon as it is held, we will publish them. Below are a few general comments about our seminars. Feel free to click on any other current or past seminar to see testimonials. Pincus is known for it’s high quality programs, which is why we attract top of the line speakers, including state Supreme Court justices, state and federal justices and state and federal judges across the country to our litigation and appellate related programs. Below are a few general comments about our seminars:

“It’s not merely about getting in the required CLE hours. The content of the seminar I attended impressed me and sold me on your programs. It’s very easy to get the hours. Getting something of substance that is beneficial is different. I’m proud to say that this is what separates you from the competition.” – Jerry Szymanski, Esq.

“I have utilized all of the service providers that I noted in the survey and truly felt I received great service from each.  My favorite continuing legal education seminar provider, Pincus Professional Education is particularly noteworthy though.  I have attended about five Pincus seminars.  Each was phenomenally packed with useful content and had presenters/speakers of the highest skill level.  I would unhesitatingly recommend Pincus to other lawyers and am already planning my next couple of seminars with this CLE provider.”  – Quote from The Recorder’s survey.

CLE Credit

CA General:  This program is approved for 3.25 units of general CLE in California.

FL General: This program is approved for 4.0 units of CLE in Florida through 05/31/2026.
FL Business Litigation: This program is approved for 4.0 units of CLE in Florida through 05/31/2026.

OR General: This program is approved for 3.25 units of General CLE in Oregon. (Expires 11/13/2027)

WA General: This program is approved for 3.25 units of General CLE in Washington. (Expires 11/13/2029)

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 3.25 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.