Tag Archives: Real Estate Law

BENEFICIAL OWNERSHIP INFORMATION REPORTING NOT REQUIRED, FOR NOW

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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.

 

 

4 Tips on Negotiating Office Leases

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Ready to move your startup out of the garage and into real office space? Here are 4 tips on negotiating your startup office lease:

1.  Don’t lease too much, or too little, space.

Image courtesy of Peter Oresved / freedigitalphotos.net

Image courtesy of Peter Oresved / freedigitalphotos.net

For a startup, one of the most challenging aspects of leasing is to determine the right amount of space. Lease too much space, and you will incur substantial, unnecessary costs at a time when your resources are limited. Lease too little space, and you may not be able to grow as quickly as you would like.

To address this issue, try to lease a small amount of space but also try to include a right to expand in your lease. This right can take the form of an option to expand, a right of first offer or a right of first refusal, and it can relate to specific space (for example, the adjacent space) or to any space in the same building that becomes available during the term of your lease.

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