Navigating BOI Filings: A Comprehensive Guide for Business Owners

Martin Kamenski
March 8, 2024
6
minute read

Filing Your Beneficial Ownership (BOI) Report Securely with OwnerFile

In the labyrinth of business ownership, the path to compliance can often seem daunting, particularly when it comes to understanding and managing Beneficial Ownership Information (BOI) filings. As a business owner, staying compliant is not just a legal requirement; it's critical to avoiding costly fines and staying out of prison. This guide will demystify the BOI reporting requirement and illustrate how OwnerFile is your solution for taking on this cumbersome task.

What is Beneficial Ownership Information (BOI)?

Beginning on January 1, 2024, most companies in the United States will have to report information about their beneficial owners, i.e. individuals who directly or indirectly own or control the company. They will have to report the information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury or risk penalties and possible jail time. 

FINCEN is a bureau of the United States Department of the Treasury whose purpose is to combat financial crimes like money laundering. In 2021, the Corporate Transparency Act (CTA) was enacted as part of the Anti-Money Laundering Act of 2020. By complying with the CTA and reporting company beneficial ownership information, companies will actively contribute to the fight against concealed criminal actions. This information is crucial for regulatory bodies to ensure transparency and curtail illegal activities like money laundering and financial fraud. 

What are the Penalties for not Reporting your Beneficial Ownership Information?

Compliance with BOI filings is not just a legal mandate; it's a vital aspect of your business's integrity and reputation. Companies who neglect to report by the filing deadline or willfully provide false information (including a false or fraudulent identifying photograph or document) can face BOI penalties of up to $500 for each day that the violation continues or has not been remedied. These penalties can grow to $10,000 and/or up to 2 years of imprisonment.

Does my business need to report its beneficial ownership information?

FinCEN predicts that the count of American businesses required to submit reports is in the multiple millions, with a significant portion being small and medium-sized enterprises. This means it's quite probable that your company will have to comply with reporting requirements.

There are primarily two categories of businesses obligated to disclose their beneficial ownership information to FinCEN: those based in the U.S. and those from abroad. Domestic reporting companies include corporations, LLCs, and other entities that have received authorization to operate from a state or Native American tribe. On the other hand, foreign reporting companies are corporations, LLCs, or similar entities originating from outside the U.S. These must have legal recognition in their home country and must be authorized to conduct business in the U.S. through state or Tribal documentation.

If your business was established or granted permission to operate via official documentation from a state or Native American Tribal authority (like from a secretary of state), you are required to report, unless your business falls under one of the exemptions. The Corporate Transparency Act (CTA) outlines 23 types of entities exempt from this requirement. For a comprehensive, list and more details on the reporting requirements, you can refer to FinCEN's FAQs regarding the disclosure of ownership information. 

Or if reading through government FAQs isn’t your cup of tea, you can take Ownerfile’s simple assesment to determine if your eligible. It takes just a few minutes, and if you do have to file you can use Ownerfile’s simple process to submit your Beneficial Ownership Information securely and accurately. 

Simplify the Beneficial Ownership Information Process with OwnerFile

OwnerFile is designed to simplify and streamline the entire process, making compliance accessible and stress-free for small business owners. Here's how OwnerFile transforms this challenging task:

  1. User-Friendly Interface: OwnerFile's platform is intuitive and easy to navigate. Unlike the “unfriendly” experiences we’ve all had with government portals, OwnerFile offers a clean, modern user experience. This means less time figuring out what to do and more time doing what you do best—running your business.
  2. Year-Round Support: Compliance isn’t a one-off task. With OwnerFile, you get continuous support throughout the year. Whether it’s changes in your business structure or updates in compliance laws, OwnerFile is there to guide you. This proactive approach ensures you’re always ahead of the compliance curve, avoiding last-minute rushes or the risk of non-compliance.
  3. Secure Data Management: In handling BOI filings, you’re dealing with sensitive information. OwnerFile prioritizes the security of your data by leveraging tools with ISO, SOCII, and GDPR certification, as well as end-to-end encryption of this data. This not only minimizes the risk to your company but also safeguards the privacy of the individuals involved.
  4. Efficient Data Collection and Reporting: OwnerFile simplifies the data collection process. By providing just the names and emails of beneficial owners, OwnerFile takes over the heavy lifting of collecting and compiling the required information. This not only saves time but also ensures accuracy and compliance.
  5. Stay Informed and Compliant: With OwnerFile, staying updated with the latest regulations is effortless. The platform is continually updated to reflect the most current legal requirements, ensuring that your filings are always compliant. And we’ll send you short, easy-to-understand emails notifying you of any important changes to the legislation or requirements. 

Navigating Your Beneficial Ownership Information Filings with OwnerFile

Navigating BOI filings with OwnerFile is a simple straightforward process:

  1. Initial Assessment: Determine whether your business needs to complete a BOI filing using OwnerFile’s free assessment tool.
  2. Registration and Data Entry: Register on the OwnerFile platform and enter a few basic details about your company.
  3. Identify Beneficial Owners: Use OwnerFile’s easy to use tool to identify the beneficial owners of your company and simply enter their names and email addresses.
  4. Data Collection: - Sit back and let OwnerFile securely collect your owner information.
  5. Review and Submit: Once the the report is complete and ownership information is compiled, review it for accuracy and submit it through OwnerFile.

BOI filings, while essential, don’t have to be a source of stress. With OwnerFile, business owners have a powerful tool at their disposal, making the process of compliance smooth, secure, and manageable. Embrace the simplicity and security that OwnerFile brings to your business compliance needs, and turn your focus back to growing your business, confident in the knowledge that your BOI filings are in good hands.