Reporting companies are still not currently required to file Beneficial Ownership Information with FinCEN despite the recent Supreme Court’s action. On January 23, 2025, the Supreme Court granted the government’s motion to stay a nationwide injunction issued by a federal judge in Texas (Texas Top Cop Shop, Inc. v. McHenry), but the separate nationwide order issued by a different federal judge in Texas (Smith v. U.S. Department of the Treasury) remains in place. So reporting companies are still not currently required to file beneficial ownership information with FinCEN despite the Supreme Court’s action in Texas Top Cop Shop. While reporting companies are not subject to liability decide not to file information while the Smith order remains in force, they may voluntarily submit beneficial ownership information reports.
