BOI compliance program for long-term LLC owners

Confirm whether your LLC is a reporting company under current FinCEN guidance (post-IFR: most domestic LLCs are exempt; foreign entities registered to do business in the U.S. may still be reporting companies).

Check FinCEN BOI page and FAQs for your specific facts. (If foreign-formed and registered in U.S. jurisdictions before/after March 26, 2025, note the April 25, 2025 or 30-day deadlines described above.)2.

Even if your LLC is currently exempt from federal BOI reporting, adopt a proportional BOI compliance program as best practice: identify and document beneficial owners (25% ownership or substantial control), collect and securely store required identity documents (name, DOB, address, unique ID and image) or FinCEN IDs, and document the rationale for any exceptions.

Confirm whether your LLC is a reporting company under current FinCEN guidance (post-IFR: most domestic LLCs are exempt; foreign entities registered to do business in the U.S. may still be reporting companies).

Check FinCEN BOI page and FAQs for your specific facts. (If foreign-formed and registered in U.S. jurisdictions before/after March 26, 2025, note the April 25, 2025 or 30-day deadlines described above.)2.

Even if your LLC is currently exempt from federal BOI reporting, adopt a proportional BOI compliance program as best practice: identify and document beneficial owners (25% ownership or substantial control), collect and securely store required identity documents (name, DOB, address, unique ID and image) or FinCEN IDs, and document the rationale for any exceptions.

Implement onboarding and change-management processes

verify beneficial owner data at formation, require notice and documentation for ownership transfers, manager/senior officer changes, and other triggers; update internal records promptly and be prepared to file with FinCEN or a state DOS if required.

Retention and privacy

retain documentation showing due diligence and attempts to obtain required information; apply strong data security controls for stored identity documents and limit access; consider minimizing storage of images where not necessary and maintain secure logs.

Governance

assign a compliance lead (officer or external counsel), prepare escalation workflows for non-responsive beneficial owners, create checklists and training for company applicants and formation agents, and review service provider contracts for assistance with filings.

Monitor updates

subscribe to FinCEN updates and state Secretary of State notices; watch for state-level obligations (New York requires filings for certain LLCs beginning Jan 1, 2026) and for any federal final rule changes to the IFR.7. If required to file: use FinCEN’s secure electronic filing system (or state portal for state-level obligations), meet update timelines (30 days for most changes), and use the 90-day correction safe harbor when applicable to proactively correct inadvertent errors.

Plan for enforcement risk

understand civil and criminal penalty exposure for willful violations; adopt remediation protocols and consult counsel if misinformation or willful noncompliance is suspected.