BENEFICIAL OWNERSHIP INFORMATION REPORTING NOT REQUIRED, FOR NOW

FinCEN says BOI reporting requirements will not be enforced while injunction is in effect

Good news!  FinCEN (the agency that enforces the Beneficial Ownership reporting requirements) just announced that they are not going to enforce the BOI reporting requirements, in spite of the Supreme Court’s January 23rd ruling in the case of Texas Top Cop Shop, Inc. v. McHenry (formerly known as Texas Top Cop Shop v. Garland), because there is another case pending (Smith v. U.S. Department of the Treasury) in which a nationwide injunction was issued, and that injunction is still in force.  According to an update posted on FinCEN’s website:

…reporting companies are not currently required to file beneficial ownership information with FinCEN despite the Supreme Court’s action in Texas Top Cop Shop. Reporting companies also are not subject to liability if they fail to file this information while the Smith order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.

So you don’t need to file BOI reports, after all (or at least until this changes again…). You can, of course, still choose to file a BOI report voluntarily, but, if you do so, make sure to use the official, FinCEN website for BOI reporting:https://fincen.gov/boi. There are a number of websites out there that look official, and have good search engine optimization, but these websites are not the actual government reporting website.

This article was written by Janice L. Gauthier, Esq. Ms. Gauthier has an A.B., cum laude, from Harvard University and a J.D, cum laude,. from Harvard Law School.  She is a business and real estate lawyer and the owner of The Gauthier Law Group, LLC, a boutique business and real estate law firm that represents businesses in corporate and real estate transactions in the Greater Milwaukee, Chicago and Madison Areas, as well as in other parts of Wisconsin and Illinois.  You can contact Ms. Gauthier at 414-270-3855, ext. 101 or by email.

© 2025 The Gauthier Law Group, LLC.  All rights reserved.

 

 

How to Negotiate Your Medical Office Lease

Image courtesy of Stuart Miles / freedigitalphotos.net

Image courtesy of Stuart Miles / freedigitalphotos.net

One of the most valuable assets of a health care practice is its location. If you do not own that location, it is extremely important that you secure the value of this key asset through a well-drafted medical office lease. To help you with this process, here are nine important points to keep in mind when negotiating a lease for your health care practice.

1.  Remember That Everything is Negotiable.

Both landlords and brokers are notorious for telling prospective tenants that “everyone has signed this lease,” “it’s just a standard form,” or “no one ever negotiates my lease.” This simply isn’t true. Sophisticated tenants always negotiate their leases, and any term in a lease should be open to discussion. Remember that most leases are drafted by the landlord, and most landlords fill their leases with terms that are extremely favorable to the landlord, usually at the expense of the tenant. Continue reading