Financial institutions should be aware of the ways in which they may inadvertently provide financing, process payments, or perform other services with regard to these transactions. Proposed Rulemaking Regarding Access to Beneficial Ownership Information. On December 15, 2022, FinCEN issued a Notice of Proposed Rulemaking to implement provisions of the CTA that concern access to and protection of beneficial ownership information. The CTA requires Reporting Companies to report BOI to FinCEN, and FinCEN will in turn establish a BOI database. The proposed rule outlines circumstances in which authorized recipients can request access to the BOI contained in FinCEN’s database and the data protection protocols and oversight mechanisms that apply.

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