#555 BOIs on Hold AGAIN - 5th Circuit Reverses Itself on 12/27/24
Main Street Business
Mark J Kohler and Mat Sorensen
2.4 • 584 Ratings
🗓️ 30 December 2024
⏱️ 8 minutes
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| 0:00.0 | Welcome everyone to the Main Street Business Podcast. This is Matt Sorensen. We have a really important |
| 0:04.4 | update for those with LLC's and corporations. This B-O-I requirement we've been tracking. And I wanted to make |
| 0:10.5 | sure I gave you the update on it. Please enjoy this recording of my latest update and what you need to know about |
| 0:16.2 | for B-OIs for your LLC incorporation. The Fifth Circuit Court of Appeals has just reversed itself. |
| 0:22.7 | B.OIs are now unconstitutional again. I know this may seem crazy. This has been a whip-saw. |
| 0:28.0 | It's been going back and forth. But on December 27th, today, the Fifth Circuit Court of Appeals |
| 0:33.3 | reversed the December 23rd order that reinstated BOIs and that said BIs are constitutional, |
| 0:40.4 | that are constitutional. So what is the status right now? The status right now is you don't have to |
| 0:47.2 | file a BOI if you don't want to. The injunction that was put in place earlier in December by a federal |
| 0:54.0 | district court judge in Texas in the |
| 0:56.2 | Top Cop Shop case, which basically said, Finsen, you cannot enforce this B-OI requirement for LOC and |
| 1:03.2 | corporations to require them to file this business ownership information report to the federal |
| 1:09.0 | government. You cannot force them to do it. You cannot |
| 1:11.6 | penalize them. That requirement and law is unconstitutional. That was the Texas case. We reported on this. |
| 1:17.9 | I went put videos and we put a lot of content out on this, letting business owners know our clients |
| 1:23.2 | that she didn't have to file this. Well, on December 23rd, right before Christmas Eve, |
| 1:28.2 | a Fifth Circuit panel of three judges said, |
| 1:30.9 | nah, this is actually constitutional, and you have to file it. |
| 1:35.3 | December 27th, the Fifth Circuit comes back and says, |
| 1:38.2 | actually, this is unconstitutional. |
| 1:40.8 | And this is a Fifth Circuit merit panel is what they're called. |
| 1:45.6 | And essentially what happened here is this got fast track to the fastest motion calendar in the Fifth Circuit on December 23rd. |
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