The case

On 26 December, in the latest in a series of whipsawing rulings from the federal judges handling the Texas Top Cop Shop case, a second appellate panel reversed the first panel’s decision from 23 December (i.e. three days later, one of which was Christmas). While the Plaintiffs had requested an emergency en banc appeal on 24 December with an expedited hearing on 6 January, the Fifth Circuit panel acted sua sponte (i.e. of its own volition) to vacate the stay of the injunction. To refresh readers’ memories on how we got here… On 23 December 2024, the US Court of Appeals for the Fifth Circuit lifted the nationwide injunction against the Corporate Transparency Act, which had itself been issued by a US Federal District Court only on 3 December 2024 in a case initiated on 28 May 2024 to challenge a law enacted in January 2021.

Source: ​Paul Foster Millen, Millen Tax & Legal GmbH www.millentaxandlegal.ch & paul@millentaxandlegal.ch

This zig-zag of last-second developments will neither improve the perception of US law-making in general nor of this particular circuit court. As for any readership affected by these haphazard court rulings, presumably, the Beneficial Owner Information is prepared and ready-to-go as required, so now we must wait out the resolution of this case… whenever that may be.

Please contact Paul if you have any questions on the above.

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