Small Businesses File Lawsuit Against Beneficial Ownership Requirements

Date: May 28, 2024

Lawsuit challenges the Corporate Transparency Act

WASHINGTON, D.C. (May 28, 2024) – NFIB filed a lawsuit against the U.S. Government in the United States District Court for the Eastern District of Texas challenging the Corporate Transparency Act (CTA) and beneficial ownership reporting requirements.

“The Corporate Transparency Act created one of the largest reporting requirements for small businesses,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Small businesses are at risk of being subjected to civil and criminal penalties for simple paperwork violations and must give every level of the government access to private and sometimes confidential information of millions of small business owners. The CTA is unconstitutional, and we ask the Court to prohibit the Treasury Department and FinCEN from enforcing the Act and beneficial ownership requirements.”

The lawsuit argues that the CTA exceeds Congress’s authority over the states, it improperly compels speech and burdens associations, it unconstitutionally compels disclosure of private information, and the reporting rule is not in accordance with the law. NFIB filed the lawsuit with the Texas Top Cop Shop, Data Comm for Business, Mustardseed Livestock, Russell Straayer, and Libertarian Party of Mississippi.

NFIB supports the Repealing Big Brother Overreach Act, legislation that would repeal the CTA and relieve small businesses of the beneficial ownership requirements.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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