Author Archives: Janice L. Gauthier

Unknown's avatar

About Janice L. Gauthier

Janice L. Gauthier received a J.D., cum laude, from Harvard Law School and an A.B., cum laude, from Harvard College. She began her career at the law firm of Sidley & Austin in Chicago, worked as Senior Attorney for The Marcus Corporation in Milwaukee and served as Vice President and General Counsel of a Milwaukee area real estate development company before fulfilling a long-cherished dream of starting her own business by establishing The Gauthier Law Group. She brings more than twenty years of experience to the representation of her clients. Ms. Gauthier is licensed to practice law in both Wisconsin and Illinois and is AV rated by Martindale-Hubbell. For more detailed information on Ms. Gauthier's background and experience, please visit www.gauthierlawgroup.com.

BENEFICIAL OWNERSHIP INFORMATION REPORTING NOT REQUIRED, FOR NOW

Posted on by

FinCEN says BOI reporting requirements will not be enforced while injunction is in effect

Good news!  FinCEN (the agency that enforces the Beneficial Ownership reporting requirements) just announced that they are not going to enforce the BOI reporting requirements, in spite of the Supreme Court’s January 23rd ruling in the case of Texas Top Cop Shop, Inc. v. McHenry (formerly known as Texas Top Cop Shop v. Garland), because there is another case pending (Smith v. U.S. Department of the Treasury) in which a nationwide injunction was issued, and that injunction is still in force.  According to an update posted on FinCEN’s website:

…reporting companies are not currently required to file beneficial ownership information with FinCEN despite the Supreme Court’s action in Texas Top Cop Shop. Reporting companies also are not subject to liability if they fail to file this information while the Smith order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.

So you don’t need to file BOI reports, after all (or at least until this changes again…). You can, of course, still choose to file a BOI report voluntarily, but, if you do so, make sure to use the official, FinCEN website for BOI reporting:https://fincen.gov/boi. There are a number of websites out there that look official, and have good search engine optimization, but these websites are not the actual government reporting website.

This article was written by Janice L. Gauthier, Esq. Ms. Gauthier has an A.B., cum laude, from Harvard University and a J.D, cum laude,. from Harvard Law School.  She is a business and real estate lawyer and the owner of The Gauthier Law Group, LLC, a boutique business and real estate law firm that represents dentists, physicians, optometrists, chiropractors, veterinarians, and other health care providers in business and real estate transactions in the Greater Milwaukee, Chicago and Madison Areas, as well as in other parts of Wisconsin and Illinois.  You can contact Ms. Gauthier at 414-270-3855, ext. 101 or by email.

© 2025 The Gauthier Law Group, LLC.  All rights reserved.

 

BENEFICIAL OWNERSHIP REPORTING IS BACK!

Posted on by

Posted on

This afternoon, the Supreme Court ruled that the government could enforce the Beneficial Ownership Information reporting requirements now, even though a lawsuit challenging those requirements is ongoing. This means that, if you have not yet filed your BOI report, you will need to do so as soon as possible. FinCen (the Treasury agency that is overseeing BOI reporting) has not yet issued any guidance on when BOI reports will be due, but you should assume that the new deadline will be in the not-too-distant future.

This article was written by Janice L. Gauthier, Esq. Ms. Gauthier has an A.B., cum laude, from Harvard University and a J.D, cum laude,. from Harvard Law School.  She is a business and real estate lawyer and the owner of The Gauthier Law Group, LLC, a boutique business and real estate law firm that represents dentists, physicians, optometrists, chiropractors, veterinarians, and other health care providers in business and real estate transactions in the Greater Milwaukee, Chicago and Madison Areas, as well as in other parts of Wisconsin and Illinois.  You can contact Ms. Gauthier at 414-270-3855, ext. 101 or by email.

© 2025 The Gauthier Law Group, LLC.  All rights reserved.