TΞrtius
113 posts

TΞrtius
@trtius
tertius.eth | LexDAO. Disclaimer: This is not {insert legal jargon here} advice









🚨CORPORATE TRANSPARENCY ACT FOUND UNCONSTITUTIONAL BY FEDERAL DISTRICT COURT🚨 Yesterday, the Northern District of Alabama held in 𝘕𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘚𝘮𝘢𝘭𝘭 𝘉𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘜𝘯𝘪𝘵𝘦𝘥 𝘷. 𝘠𝘦𝘭𝘭𝘦𝘯 that the CTA is unconstitutional because Congress lacked the power to pass it (at least in its current form). The CTA, which went into effect on Jan. 1, requires a "reporting company," upon formation, to disclose sensitive personal information of its beneficial owners (such as home address) and keep this information up-to-date. While the full definition is complex, "reporting company" includes your average small business LLC. The statute is both invasive of privacy and massively increases the compliance costs for business owners - especially for digital nomads, who may move often and may not have a physical presence in the U.S. The stakes are high because willful failure to comply can result in substantial penalties and prison time. In yesterday's ruling, the Court held that the CTA is problematic because it does not flow from Congress's enumerated powers (such as foreign affairs, commerce, and taxation powers). In other words, Congress can't just pass a law because reasons. The Court's rejection of the Commerce Clause as a source of authority is a big deal because Congress sneaks a lot of laws in under that clause. But the Court noted that creation of a business entity is not, in itself, economic activity. Right before dropping the mic, the court ordered that "the Defendants, along with any other agency or employee acting on behalf of the United States, are PERMANENTLY ENJOINED from enforcing the Corporate Transparency Act against the Plaintiffs." What does this mean? -Treasury will definitely appeal, so this isn't the final word--but imo, the opinion is very well-reasoned. -We may see similar cases bubble up in other federal districts, though I'm not aware of any currently pending. -As a practical matter, FinCEN *might* not pursue CTA enforcement while appeals are pending, but the injunction technically only prevents enforcement against the specific parties to the lawsuit, so I wouldn't bank on that (not legal advice ofc). -Even if Treasury wins an appeal, there's still a possibility of a court striking the CTA down on other grounds, such as the CTA violating a constitutional amendment. -TLDR, we're moving in the right direction, but as they'd say down here in the South, it ain't over. For now, worth celebrating the little win - and I've never been more proud to be admitted to the Northern District of Alabama. Here's the full opinion: courtlistener.com/docket/6657960…




at @lex_DAO we believe law is a public good. if you agree, consider checking out this video. nsfw warning headed to the airport - see you soon denver xoxo










