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What Is BOI and Why You Need to Know About It

By: Shelley Johnson, CPA

BOI reporting is part of the Corporate Transparency Act (CTA) and is administered by the Financial Crimes Enforcement Network (FinCEN). Businesses must file their BOI reports with FinCEN, and the information is stored in a secure database. Penalties for noncompliance can include civil penalties of up to $10,000 per day, criminal penalties, and up to two years in jail.

What Is BOI?

BOI, or Beneficial Ownership Information, refers to the details about individuals who own or control a company or an asset. This information includes the identity, ownership percentage, and control rights of these individuals, known as "beneficial owners." The term is often used in the context of businesses, trusts, and other entities, particularly when it comes to compliance with regulatory requirements.

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Why Is BOI Important?

Understanding and maintaining accurate BOI is crucial for several reasons:

  1. Compliance: Regulatory agencies require organizations to disclose beneficial ownership information to prevent illegal activities like money laundering and tax evasion. Proper documentation of BOI helps businesses comply with these legal standards.

  2. Transparency: BOI ensures transparency in business dealings. Knowing who truly owns or controls an entity provides clarity and helps build trust among stakeholders, partners, and financial institutions.

  3. Risk Management: By accurately identifying beneficial owners, companies can assess potential risks, avoid conflicts of interest, and ensure ethical and responsible business practices.

What Steps Should You Take?

To ensure compliance and protect your interests, here are the steps you should consider:

  1. Identify Beneficial Owners: Review your company’s ownership structure to identify all individuals who have a significant ownership stake (typically, anyone holding 25% or more) or control over the entity. This includes shareholders, partners, or trustees.

  2. Gather Information: Collect the necessary details about each beneficial owner, including full name, date of birth, residential address, and the nature of their ownership or control.

  3. Document and Store: Maintain detailed records of beneficial ownership information. Keep these records up to date, as changes in ownership or control will require immediate updates.

  4. Submit to Relevant Authorities: Depending on your jurisdiction, you may be required to file BOI with regulatory agencies or provide it to financial institutions for verification.

Regular Review: Schedule periodic reviews of your BOI records to ensure they are accurate and reflect any changes in ownership or control. This ongoing process helps maintain compliance and supports transparent business operations.