Less than one month before its deadline, a Texas federal court has temporarily blocked the Corporate Transparency Act (CTA), which requires U.S. businesses to report their key stakeholders to the Treasury Department.
Judge Amos L. Mazzant III issued this ruling after a lawsuit was filed by Texas Top Cop Shop Inc., a family-run firearms and tactical gear retailer, along with other businesses and the Libertarian Party of Mississippi. Plaintiffs argued that the CTA oversteps Congress’s authority because it applies to all incorporated entities, not just those involved in commercial activity.
The CTA is aimed at combatting anonymous shell companies and preventing money laundering and terrorism financing. An estimated 32.6 million businesses would be required to disclose their beneficial owners to the Treasury’s Financial Crimes Enforcement Network by January 1, 2025.
However, the court found that the CTA doesn’t align with the Constitution’s Commerce Clause, which limits Congress’s power to regulate business activities. Judge Mazzant stated that just because a company exists doesn’t give Congress unlimited power to regulate it in all aspects.
The Justice Department has not yet commented on this ruling.
We will continue to monitor this case for additional updates. In the meantime, if you have any questions about how this ruling might affect your business, please don’t hesitate to reach out to us.
A Partner at M&S, Josh advises clients on a range of proactive and responsive matters, helping them achieve their business goals while complying with federal and state privacy and other consumer protection laws.