Corporate Transparency Act Compliance: Emerging trends, regulatory interpretation, and effective risk management strategies

Robby Dube
Alan Winston Granwell
Andrew Weiner
Deborah S. Thoren-Peden
Kenneth S. Witt
Robby Dube | Eckland & Blando
Alan Winston Granwell | Holland & Knight
Andrew Weiner | Pillsbury Winthrop Shaw Pittman
Deborah S. Thoren-Peden | Pillsbury Winthrop Shaw Pittman
Kenneth S. Witt | Kutak Rock
On-Demand: October 10, 2024
This class is included in the myLawCLE All-Access Pass

Subscribe to myLawCLEs All-Acces Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

3 hour CLE
Tuition: $245
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I – Current Trends and Future Directions in CTA Legislation and Enforcement – Robby Dube

This session will offer an in-depth exploration of recent developments in the Corporate Transparency Act (CTA) and its enforcement landscape. We will start with a comprehensive analysis of the latest legislative amendments, regulatory guidance, and interpretative rulings. Participants will gain a clear understanding of legislative intent and how it informs current enforcement priorities. The session will also address emerging trends and potential future changes in CTA-related legislation. Additionally, we will delve into recent enforcement actions, examining key takeaways and effective strategies for defending against alleged CTA violations. The discussion will provide valuable insights into how regulators are interpreting and enforcing the CTA and will offer practical guidance on anticipating future litigation trends to better prepare clients.

Key Topics

  • Legislative amendments and regulatory guidance
  • Emerging trends in CTA legislation
  • Recent enforcement actions
  • Defending against alleged CTA violations
  • Regulatory interpretation and enforcement
  • Anticipating future litigation trends

Session II - FinCEN's New RRE Rule: Essential compliance strategies for real estate professionals – Alan Granwell, Andrew Weiner and Deborah Thoren-Peden

This session will cover FinCEN’s new Residential Real Estate (RRE) Rule, which goes into effect on December 1, 2025. The new rule imposes a new nationwide requirement designed to identify and report the individuals who beneficially own specified entities and trusts acquiring residential real estate for which there is no financing by a qualified financing institution. The obligation to file the reports will be imposed on certain real estate professionals, who will have 30 days after the closing of the file the report. The presentation will address the scope of the rule, the reporting responsibilities of real estate professionals, and key exceptions to reportable transfers and exemptions for entities. We will also explore the “reporting cascade” that determines who is responsible for filing reports, compliance requirements, what must be reported, and the penalties for non-compliance under the Bank Secrecy Act. Participants will gain not only technical knowledge but practical insights to navigate this new complex regulatory framework.

Key Topics

  • The RRE rule and key dates
  • Relationship to FinCEN’s geographical targeting orders and CTA reporting
  • Scope of the rule and applicability
  • The exceptions to reportable transfers
  • The entity exemptions to reporting
  • How to determine who is a beneficial owner
  • Reporting obligations and process
  • Penalties for non-compliance

Session III – Managing CTA Obligations in Large and Multi-entity Organizations – Kenneth S. Witt

This session provides an in-depth exploration of managing Corporate Transparency Act (CTA) obligations within large, multi-entity organizations. Participants will learn how to effectively analyze complex organizational charts and navigate the practical limitations of exemptions for large operating companies, subsidiaries, and inactive entities. The session will cover the nuances of identifying beneficial owners, including issues related to substantial control, complex capital structures, and other special considerations. Attendees will gain practical insights into streamlining CTA compliance, from new entity formation to the onboarding of potential beneficial owners and the use of FinCEN identifiers. The program will also address the decision-making process for using external CTA vendors and review recent FinCEN guidance on Tax Identification Numbers (TINs), disregarded entities, and BOI reports for dissolved and transitory entities. Finally, the session will tackle challenges associated with updating Beneficial Ownership Information (BOI) reports, equipping participants with the knowledge needed to navigate this complex regulatory landscape.

Key Topics

  • Complex organizational chart analysis
  • Practical limitations of the large operating company, subsidiary and inactive entity exemptions
  • Identification of beneficial owners
  • CTA compliance streamlining
  • Deciding on the use of external CTA vendors
  • Recent FinCEN guidance on TINs and disregarded entities
  • Recent FinCEN guidance on BOI reports for dissolved and transitory entities
  • BOI report updating challenges

Closed-captioning available

Speakers

Robby Dube | Eckland & Blando

Robert “Robby” Dube grew up working in his family’s small business and ranch, so he understands the needs of businesses and works tirelessly to advocate for them in a cost-effective manner. He is a zealous litigator, having briefed, argued, and won numerous motions before both state and federal courts across the country, including maritime and admiralty cases, and has won cases in every stage of the litigation process, including trial. Robby also has deep experience with the factoring industry and the customs industry, litigating for and advising clients across the country.

Robby is deeply experienced with pursuing claims against all levels of government, including bid protests, municipal litigation, challenging terminations for cause, drafting requests for equitable adjustments, and producing government contract compliance guides for businesses. He has engaged in significant Administrative Procedures Act challenges against states and the federal government at the district courts and Circuit courts, winning unanimous decisions.

Robby is a passionate election and constitutional law lawyer, having zealously and successfully represented citizens and citizen groups across the country wherever their government has tried to take away their rights to referendum, free speech, free association, and more. Recently, Robby has been involved in the fight against foreign ownership of crucial infrastructure projects, working to protect national security and the environment.

Robby graduated magna cum laude from the University of Minnesota Law School, where he served as Law Council President and as Executive Editor of the Minnesota Journal of International Law. He also served as the Head Writer for the law school musical group T.O.R.T. (Theatre of the Relatively Talentless) and led the Orientation Program as a Program Director. After graduating, Robby clerked for Hawai’i Supreme Court Associate Justice Richard Pollack.

 

Alan Winston Granwell_myLawCLEAlan Winston Granwell | Holland & Knight

Alan Granwell is an attorney in Holland & Knight’s Washington, D.C., office, with more than 50 years of experience in international taxation. In his long and wide-ranging career, he has represented multinational corporations and globally oriented high-net-worth clients in a broad array of international tax planning, compliance and controversy matters, including serving as an expert witness.

Mr. Granwell also advises on tax transparency initiatives, including the Corporate Transparency Act (which will have widespread application to privately held companies and their beneficial owners), the Foreign Account Tax Compliance Act, the Common Reporting Standard and the U.S. Department of Justice Swiss Bank Program.

In the early 1980s, Mr. Granwell was the International Tax Counsel and Director, Office of International Tax Affairs, U.S. Department of the Treasury. In that capacity, Mr. Granwell was the senior international tax adviser at the Treasury Department and was responsible for advising the Assistant Secretary for Tax Policy on legislation, regulatory and administrative matters involving international taxation and directing the U.S. tax treaty program.

Mr. Granwell began his career working at Wall Street law firms. He then moved to Washington, D.C., to accept his government appointment to work for the Treasury Department. Thereafter, he returned to private practice in Washington, D.C. Prior to joining Holland & Knight, Mr. Granwell was a tax attorney for a boutique international tax law firm.

Mr. Granwell is a Fellow of the American College of Tax Counsel and a well-known, frequent commentator and lecturer on international tax matters. He has authored numerous articles for publications, both in the United States and abroad. He has made presentations for the American Bar Association, Section of Taxation, the International Bar Association, the International Fiscal Association, the Society of Trust and Estate Practitioners (STEP) and other organizations in numerous countries around the world. Mr. Granwell also is an active member of the STEP, particularly organizing, moderating and presenting at educational webinars, and is a former chair of the Mid Atlantic Branch, the current Co-Director of Programs for the Mid Atlantic Branch, and a frequent contributor to STEP USA Alerts.

 

Andrew J. Weiner_Pillsbury Winthrop Shaw Pittman LLP_myLawCLEAndrew Weiner | Pillsbury Winthrop Shaw Pittman

Pillsbury Real Estate partner Andrew Weiner’s practice is global in scope, with a significant and sustained concentration on transactions in the New York metropolitan area.

Since 1976, Andrew has represented domestic and foreign clients in equity and debt transactions, the creation of real estate funds and joint ventures, and transactions involving distressed real estate.

Andrew’s practice has had a significant concentration in the hospitality and real estate investment trust (REIT)sectors, and in leasing. His clients have included funds, family offices, institutional lenders, universities, non-U.S. investors and New York City developers. Andrew Weiner is a prominent figure in real estate law, known for his work that includes:

Representing a Swedish public real estate company in joint ventures with a Manhattan-based developer to acquire and develop four sites in Manhattan as boutique office buildings, as well as an early-stage investment in a real estate company.

Representing a New York-based university/medical center in various real estate transactions over three decades, including the acquisition or master lease of nine dormitories and multiple administrative facilities, over 3 million square feet of leasing as landlord or tenant, P3 transactions, development of a biotechnology center, and reorganization of an academic medical center as a commercial condominium.

Representing Prima Mortgage Investment Trust LLC as a co-lender advancing more than $100 million of a $200 million acquisition loan used to finance the purchase of DreamWorks Animation’s headquarters and campus in Glendale, California.

Andrew Weiner’s education includes a J.D. from Harvard Law School, where he graduated cum laude in 1976, and a B.A. from Yale University, where he graduated magna cum laude in 1972.

 

Deborah S. Thoren-Peden_myLawCLEDeborah S. Thoren-Peden | Pillsbury Winthrop Shaw Pittman

Deborah Thoren-Peden focuses her Chambers-ranked corporate practice on banking, electronic commerce, privacy, anti-money laundering and Office of Foreign Assets Control regulations.

Deb co-leads Pillsbury’s Cybersecurity, Data Protection & Privacy team; its Fintech, Payments & Blockchain team, its Consumer & Retail industry team, and its Unclaimed Property Team. She represents and advises fintech companies, bank and non-bank financial institutions (both domestic and international), money transmitters, retailers, automotive and a variety of other types of companies. She is also a recognized authority with respect to the Bank Secrecy Act and the Patriot Act.

Deb is one of the leading attorneys in the country in the field of electronic payments, stored value/prepaid access, gift and rewards programs. Her area of practice includes the Electronic Fund Transfer Act, state money transmitter licensure laws, NACHA Rules, state and federal laws and regulations related to money services businesses and financial institutions. She is an advisor to the board of WesPay and is a member of NACHA’s Payment Innovation Alliance and other payments-related working groups.

 

Kenneth S. Witt_myLawCLEKenneth S. Witt | Kutak Rock

An experienced corporate and securities attorney, Ken represents commercial banks and other institutional clients, as well as companies in a number of industry verticals, including energy, software and computer hardware technology, private investment funds and other commercial and industrial clients. His work includes institutional investments, mergers and acquisitions, venture capital and securities regulation. Ken also advises firm clients on Corporate Transparency Act compliance and is a leader of Kutak Rock’s CTA Client Service Team.

A graduate of Harvard University (A.B., 1980) and Harvard Law School (J.D., 1983), Ken is rated “AV (Preeminent)” by Martindale-Hubbell®.

Agenda

Session I – Current Trends and Future Directions in CTA Legislation and Enforcement | 1:10pm – 2:10pm

  • Legislative amendments and regulatory guidance
  • Emerging trends in CTA legislation
  • Recent enforcement actions
  • Defending against alleged CTA violations
  • Regulatory interpretation and enforcement
  • Anticipating future litigation trends

Break | 2:10pm – 2:20pm

Session II – FinCEN’s New RRE Rule: Essential compliance strategies for real estate professionals | 2:20pm – 3:20pm

  • The RRE rule and key dates
  • Relationship to FinCEN’s geographical targeting orders and CTA reporting
  • Scope of the rule and applicability
  • The exceptions to reportable transfers
  • The entity exemptions to reporting
  • How to determine who is a beneficial owner
  • Reporting obligations and process
  • Penalties for non-compliance

Break | 3:20pm – 3:30pm

Session III – Managing CTA Obligations in Large and Multi-entity Organizations | 3:30pm – 4:30pm

  • Complex organizational chart analysis
  • Practical limitations of the large operating company, subsidiary and inactive entity exemptions
  • Identification of beneficial owners
    • Substantial control
    • Complex capital structures
    • Special concerns
  • CTA compliance streamlining
    • New entity formation
    • Onboarding of potential beneficial owners
    • FinCEN identifiers
  • Deciding on the use of external CTA vendors
  • Recent FinCEN guidance on TINs and disregarded entities
  • Recent FinCEN guidance on BOI reports for dissolved and transitory entities
  • BOI report updating challenges

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Trending CLE Webinars
The Corporate Transparency Act Reporting Obligations
The Corporate Transparency Act Reporting Obligations
Law Offices of Jonathan H. (Jason) Warner, P.A.
On-Demand
IRS Penalty Abatement Made Easy
IRS Penalty Abatement Made Easy
Green & Sklarz, LLC
On-Demand
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition) Wed, October 23, 2024
On-Demand
Live Replay
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Wed, October 30, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards Thu, October 17, 2024
On-Demand
Live Replay
Essential Accounting Principles Every Attorney Should Know
Essential Accounting Principles Every Attorney Should Know
LaPorte CPAs & Business Advisors
On-Demand
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics) Fri, October 18, 2024
On-Demand
Live Replay
Tax Opportunity Zones (2024 Edition)
Tax Opportunity Zones (2024 Edition)
Blank Rome LLP
On-Demand
Litigating Libel and Defamation Cases
Litigating Libel and Defamation Cases
Callahan & Blaine, APLC.
On-Demand
Will Drafting 101 (2024 Edition)
Will Drafting 101 (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Federal Indian Law 101 (2024 Edition)
Federal Indian Law 101 (2024 Edition)
Holland & Knight LLP
On-Demand
Upcoming CLE Webinars
Inside Secrets to Getting Rid of Tax Penalties (2024 Edition)
Inside Secrets to Getting Rid of Tax Penalties (2024 Edition) Wed, October 16, 2024
On-Demand
Live Replay
Medical Records A-Z: What attorneys need to know (2024 Edition)
Medical Records A-Z: What attorneys need to know (2024 Edition) Wed, October 16, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards Thu, October 17, 2024
On-Demand
Live Replay
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics) Fri, October 18, 2024
On-Demand
Live Replay
Maritime Finance 101
Maritime Finance 101 Wed, October 23, 2024
Live Webcast
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition) Wed, October 23, 2024
On-Demand
Live Replay
Litigating Defamation Cases (2024 Edition)
Litigating Defamation Cases (2024 Edition) Thu, October 24, 2024
Live Webcast
Real Estate Law Fundamentals
Real Estate Law Fundamentals Tue, October 29, 2024
Live Webcast
Final Accounting: Estate administration essentials
Final Accounting: Estate administration essentials Tue, October 29, 2024
Live Webcast
Judicial Misconduct & Regulating Judicial Ethics
Judicial Misconduct & Regulating Judicial Ethics Wed, October 30, 2024
Live Webcast