Fwd: Posts from CAI Advocacy Blog for 12/04/2024
From: Sharon Villines (sharonsharonvillines.com)
Date: Wed, 4 Dec 2024 17:22:02 -0800 (PST)
The Community Associations Institute just published an update on the Corporate 
Transparency Act.

Sharon

> Begin forwarded message:
> 
> From: CAI Government Affairs <government [at] caionline.org>
> Subject: Posts from CAI Advocacy Blog for 12/04/2024
> Date: December 4, 2024 at 1:02:30 PM EST
> To: Sharon Villines <sharon [at] sharonvillines.com>
> Reply-To: CAI Government Affairs <government [at] caionline.org>
> 
> This is an update from the CAI Advocacy Blog.
> View this email in your browser 
> <https://us14.campaign-archive.com/?e=db89cb64a4&u=0cac9ea3cd0c72ad6b4b4197f&id=fc92b2150e>
> 
> Corporate Transparency Act Blocked Nationwide by Texas Federal Judge 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=27f8803188&e=db89cb64a4>By
>  Dawn Bauman, CAE and Phoebe E. Neseth, Esq. on Dec 4, 2024
> On Dec. 3, the U.S. District Court for the Eastern District of Texas 
> published a decision in the matter of Texas Top Cop Shop, Inc., et al. v. 
> Garland, et al. issuing a preliminary nationwide injunction 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=ab57a873e3&e=db89cb64a4>
>  against the Corporate Transparency Act (Act).  
> 
> The court granted Plaintiff’s request for a preliminary injunction, blocking 
> the U.S. Department of Treasury from enforcing the act’s beneficial ownership 
> information (BOI) reporting requirements.  
> 
> In his opinion, Judge Amos L. Mazzant III grants the Plaintiff’s request to 
> preliminary enjoin the Government from enforcing the Corporate Transparency 
> Act and its Implementing Regulations, ruling that “Neither may be enforced, 
> and reporting companies need not comply with the CTA’s January 1, 2025, BOI 
> reporting deadline pending further order of the Court.” 
> 
> This preliminary injunction applies nationwide, halting enforcement and 
> compliance of the Act’s beneficial ownership reporting requirements across 
> the entire United States. CAI’s legal team believes the injunction applies to 
> all community associations incorporated within the U.S.  
> 
> CAI will continue its unwavering commitment to protecting the community 
> association housing model and our members’ interests. We firmly believe the 
> act’s requirements place an excessive burden on community associations, which 
> operate differently from traditional corporations and small businesses. We 
> will continue to pursue a full repeal of the act or exemption to protect the 
> community association housing model as well as the privacy and personal 
> information of its volunteer leaders. This is good news today, but it isn’t 
> the end of the story. Please continue to watch for messaging about any 
> further developments by visiting www.caionline.org/CTA 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=4bfc5e5be2&e=db89cb64a4>.
>   
> 
> Plaintiffs in the Texas Top Cop Shop case made similar arguments to those 
> made in CAI’s federal lawsuit against the U.S. Department of Treasury, 
> Secretary Janet Yellen, and the director of the Financial Crimes Enforcement 
> Network. The plaintiffs argued the act was an overreach of Congress’s 
> authority over the states, improperly compelling speech and contradicting the 
> right of association guaranteed by the First Amendment and violating the 
> Fourth Amendment by forcing the disclosure of private information. Judge 
> Mazzant’s opinion cites arguments and rulings from CAI’s pending federal case 
> in the U.S. District Court for the Eastern District of Virginia to 
> substantiate his ruling.  
> 
> For community association board members who have taken advice from industry 
> professionals and already complied with the act’s reporting requirements, you 
> have taken the responsible route. We recognize the situation is complex 
> especially because we are so close to the reporting deadline. We continue to 
> believe that exempting community associations from the act is in the best 
> interests of CAI member communities.  
> 
> The full opinion can be found here 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=fd44f99ff9&e=db89cb64a4>.
>  For more information on CAI’s pending lawsuit, advocacy efforts, and the 
> act’s impact on community associations, visit www.caionline.org/CTA 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=25a8d7b2e6&e=db89cb64a4>.
>   
> 
>  
> The post Corporate Transparency Act Blocked Nationwide by Texas Federal Judge 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=c27163ab77&e=db89cb64a4>appeared
>  first on CAI Advocacy Blog 
> <https://caionline.us14.list-manage.com/track/click?u=0cac9ea3cd0c72ad6b4b4197f&id=d21c2ec4e1&e=db89cb64a4>.
> 
> 
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