
A group of 21 state attorneys general filed a lawsuit on Tuesday in the U.S. District Court for the District of Oregon, targeting a Treasury Department rule that would exempt many companies from reporting who owns or controls them.
The attorneys general say the rule, issued by the Financial Crimes Enforcement Network (FinCEN) on March 21, 2025, conflicts with the Corporate Transparency Act (CTA) and exceeds the agency’s authority.
Under the CTA, which took effect on Jan. 1, 2024, FinCEN must collect “beneficial ownership information” for corporations and other entities, especially those that use complex structures or shell companies. The new interim final rule eliminates reporting for all domestic companies and for U.S. owners of foreign entities, and it would delete previously gathered records.
Source: Courthouse News Service
The states argue the rule is “arbitrary and capricious” under the Administrative Procedure Act and that it violates the Constitution’s Take Care Clause by planning to purge existing data. They also claim the Treasury lacks authority to repeal a congressional mandate through rulemaking.
If the rule stands, many businesses—including small firms that form corporations—would no longer need to disclose owners, making it harder for law‑enforcement to trace illicit activity such as money laundering or drug trafficking. Consumers and small‑business owners could see less transparency in who controls the companies they deal with. The lawsuit seeks to have the interim and final rules declared unlawful, to stop the data purge, and to keep ownership reporting in place.
The case will proceed in federal court, and the states are asking the judge to block the rule while the lawsuit is decided. While no immediate deadline is set for businesses, anyone concerned about the transparency of a company they work with should retain any ownership documents they have and monitor news for the court’s decision. If you rely on corporate transparency for due‑diligence, consider consulting a lawyer to understand how a change in reporting could affect your risk assessments.
Talking to an attorney can help you evaluate whether you need to adjust contracts, compliance programs, or investigative practices in light of the pending litigation.
If the court sides with the states, existing reporting requirements will stay, preserving tools law‑enforcement uses to track illicit activity.
If the rule is allowed, many companies could hide owners, increasing fraud and money‑laundering risks for consumers and businesses.
The outcome will determine whether the Treasury can change CTA requirements without new legislation.
Small firms may face fewer reporting burdens, but also lose a layer of credibility that ownership disclosure provides.
Affected parties should consider legal advice to adjust compliance and risk‑management practices while the case proceeds.
Federal rules apply nationwide, but your options depend on your state and situation. Browse attorneys by practice area, then pick your state.
This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 28, 2026.
Source: Courthouse News Service
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