Understanding the Corporate Transparency Act and Helping your Clients Comply [Webinar] (Watch Live or via OnDemand Streaming)

Audio program! (check our CLE Programs page for live versions)

Want to attend the program live? Click here to register.  Discounts and Licenses available for three or more attorneys watching via OnDemand Streaming or Recorded Package downloads. Email us at info@pincusproed.com for more information.

 

The Corporate Transparency Act (the “CTA”) went into effect on January 1, 2024. It requires “reporting companies” in the United States to disclose information regarding its beneficial owners, i.e., the individuals who own or control a company, to the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”).

Under the CTA, entities formed before 2024 must file their initial BOIR by January 1, 2025, unless they meet specific exemptions. With this deadline approaching, it’s essential to identify whether your client’s company is required to file, understand the necessary disclosures—which include details on beneficial ownership, the entity’s creator or registrant in the U.S., and any updates to this information—and ensure compliance to avoid significant penalties

While the Corporate Transparency Act (CTA) was declared unconstitutional in the Northern District Court of Alabama earlier this year, oral arguments were just heard at the 11th Circuit. And although no one can predict exactly how a case will go based on oral arguments, some legal analysts predict the 11th Circuit will overturn the District Court’s ruling regarding the unconstitutionality of the CTA based on the September 27th oral arguments.

Although it is possible that a circuit split could develop due to pending cases in multiple districts including a recent District of Oregon decision, and that the U.S. Supreme Court ultimately could address and resolve the constitutionality of the CTA, the CTA still remains in force—with the current exception of entities affected by the District of Alabama ruling—and presumably will remain in force past January 1, 2025.

This means that it is crucial to assess the CTA’s applicability to your clients. What steps should you and your clients take moving forward. Do they need to file or are they exempt? If they need to file, who should be reported and how? How do they gather the information?

Currently legal experts are advising their clients to file regardless of the Northern District of Alabama’s opinion, unless they are one of the entities directly impacted by that ruling.

Join attorneys specializing in the CTA for a comprehensive discussion covering the act’s implications, impacted entities, filing the Beneficial Ownership Information Report (BOIR), key deadlines, penalties, and related congressional, judicial, and state matters.

Key topics will include (see very detailed agenda on Agenda tab above):

  • Overview and History of CTA
  • Entities impacted
  • Exempt Entities
  • Who are the Beneficial Owners
  • Company Applicants
  • Filing the Beneficial Ownership Information Report
  • Contents, Timing, Gathering Information & Access
  • Enforcement and Penalties
  • Legislative and Judicial Update

Join us to navigate these critical issues and safeguard your clients’ interests.

 

If you cannot attend the program live, OnDemand Streaming and Recorded Packages are available. One person per order may view the recording.

This two-part webinar will be recorded live on Thursday, November 14, 2024 and is available via On-Demand or Recorded Package Download. One person per order may view the recording.  

Discounted rates are available for 2-4 attorneys watching via OnDemand at your firm or agency.
Licenses are available for law firms or agencies that would like OnDemand Streaming for more than four attorneys.

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.  Note: All downloads must be downloaded to a computer first, before transferring them to another device.

Recorded Packages or On-Demand streaming are one per person per order and include seminar materials. They are available approximately two weeks after the live program ends.  If you need access to the recording sooner than that, please let us know and we’ll provide you with a temporary zoom streaming link in the interim.

* The Video Package includes the video recording of the webinar (including sound of course). The Audio Package is a separate audio-only recorded package, for those who wish to listen to it without visuals (such as in the car).


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Agenda

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


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.
1:40 p.m. – 2:45 p.m.
2:40 p.m. – 3:45 p.m.
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

Date/Time/Location

Webinar

Thursday, November 14, 2024

Times (including breaks):

10:00 a.m. – 1:30 p.m. Pacific Time
12:00 p.m. – 3:30 p.m. Central Time
1:00 p.m. – 4:30 p.m. Eastern Time

We will send your login details and handout materials approximately one week before your program.

Testimonials

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:

“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.

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 


Bruce Givner, Esq.

KFB Rice LLP

Mr. Givner has been practicing tax law for almost four 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 has been AV rated by Martindale-Hubbell for 3 decades and is a SuperLawyer.  He is the author of 100 articles in professional journals and the co-author of 4 chapters in CEB’s California Will Drafting; 2 chapters in CEB’s Drafting California Irrevocable Trusts; and the chapter on “Use of Life Insurance In Estate Planning” in CEB’s California Estate Planning.  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.


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

Discounted rates are available for 3-4 attorneys watching Live or via OnDemand at your firm or agency.
Licenses are available for law firms or agencies that would like OnDemand Streaming for more than four attorneys. Please contact us at info@pincusproed.com or (877) 858-3848.

Pre-order now and save $25 on your purchase with the Early Bird Rate!*
Early Bird Expires October 18th!

Your discount is automatically applied at check out – no coupon needed.

Discounted rates are available for 3-4 attorneys watching Live or via OnDemand at your firm or agency.
Licenses are available for law firms or agencies that would like OnDemand Streaming for more than four attorneys. Please contact us at info@pincusproed.com or (877) 858-3848.

 

Pre-order the Recorded Package of this program when you register to attend live for only $99 (download or OnDemand) (attendee special only).

Registration fees are per person.

Individual: $249
Individual Sale Price: $224

Group: $224 per person for 2 or more from the same company pre-registering at the same time
Group Sale Price $199

Government employee/Legal Aid* Rate: $199
Early Bird registration $174

Law Student*/Paralegal Rate: $174
Early Bird registration $149

 

We will send your login details and handout materials approximately one week before your program.

 

Program materials:

Registration includes an electronic copy (.pdf) of your seminar handbook.  This will be emailed to you a few days before the program.  Be sure to check your spam folder if you don’t see it by then.  Please put info@pincusproed.com in your address book to make sure you receive your pdf of the program handbook.

* Law Student Rate is for current law students only.  Please bring your law school ID to show when you check in for the program.

** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms.  It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. It also does not include attorneys who serve on non-profit boards.

Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to info@pincusproed.com.

 

CLE Credits

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.

WA General: This program is approved for 3.25 units of General CLE in Washington.

CLE is pending in the states listed below and will be updated when approved. We have never had a course turned down for CLE approval, however, if you register now and for some odd reason that occurs in your state, we will refund your money if you choose not to attend due to that occurring.
IL
OR

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.  (use CA unit calculation – one unit per hour of instruction – for amount of units, even if the program is held in another state)

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.

 

$149.00$224.00 each

November 14, 2024 | Webinar

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