BOI dispute handling service

Research steps and summary: Steps taken - Performed focused web searches across primary and secondary sources (FinCEN, law firm guidance, accounting press, state SOS alerts) using queries such as “FinCEN BOI dispute,” “how to correct BOI report,” “BOI reporting errors,” and “BOI reporting injunction.” - Prioritized primary regulatory material (FinCEN BOI FAQs and Small Entity Compliance Guide), the official BOI filing portal, reputable legal/accounting commentary, and state-level consumer alerts about BOI filing scams. - Extracted and synthesized actionable procedures, timelines, documentation expectations, enforcement risk, and state-level considerations to produce comprehensive guidance a compliance provider could use to operate a BOI dispute handling service and for a blog/newsletter aimed at US business owners and LLC founders.

Key findings (synthesis of relevant material) 1. Regulatory & legal context - BOI reporting is a federal requirement under the Corporate Transparency Act administered by FinCEN.

FinCEN’s BOI guidance (FAQs and Small Entity Compliance Guide) is the primary source for definitions, exemptions, filing deadlines, who may file, and penalties for willful violations. - As of late 2024 a federal court injunction(s) paused enforcement of the BOI reporting requirements; subsequent litigation and appeals changed the enforcement posture at various times.

Businesses should monitor legal status; however FinCEN’s guidance and portal remain the authoritative source for voluntary filing, corrections, and procedural rules.

Research steps and summary: Steps taken

1. Regulatory & legal context

- As of late 2024 a federal court injunction(s) paused enforcement of the BOI reporting requirements; subsequent litigation and appeals changed the enforcement posture at various times. Businesses should monitor legal status; however FinCEN’s guidance and portal remain the authoritative source for voluntary filing, corrections, and procedural rules.

• Performed focused web searches across primary and secondary sources (FinCEN, law firm guidance, accounting press, state SOS alerts) using queries such as “FinCEN BOI dispute,” “how to correct BOI report,” “BOI reporting errors,” and “BOI reporting injunction.”
• Prioritized primary regulatory material (FinCEN BOI FAQs and Small Entity Compliance Guide), the official BOI filing portal, reputable legal/accounting commentary, and state-level consumer alerts about BOI filing scams.
• Extracted and synthesized actionable procedures, timelines, documentation expectations, enforcement risk, and state-level considerations to produce comprehensive guidance a compliance provider could use to operate a BOI dispute handling service and for a blog/newsletter aimed at US business owners and LLC founders. Key findings (synthesis of relevant material)
• BOI reporting is a federal requirement under the Corporate Transparency Act administered by FinCEN. FinCEN’s BOI guidance (FAQs and Small Entity Compliance Guide) is the primary source for definitions, exemptions, filing deadlines, who may file, and penalties for willful violations.

Who can file and certify BOI reports - Anyone authorized by a reporting company may file (owner, employee, or third-party service provider). The filer must provide contact information and certify the report is true, correct, and complete.

Dispute / correction workflow (practical step-by-step for a BOI dispute handling service) - Triage & assess

Confirm whether the entity is a reporting company or exempt; determine whether information previously filed is incorrect or requires update (ownership percentages, substantial control, company name, jurisdiction of formation, etc.). - Documentation collection: Collect organizational documents and evidence supporting the correction — formation certificates, amended articles, membership/stock ledgers, ownership agreements, government-issued IDs for beneficial owners, and any state filing confirmations that triggered the change. - Identify the filing to amend: Locate the original BOI filing (transaction/confirmation number or filing record) using the FinCEN portal or company records. - Prepare amendment or correction: Use FinCEN’s portal to submit an updated BOI report, clearly marking changed fields and attaching required documentation/explanations as allowed by the portal. If FinCEN asks for additional information or a statement, prepare a concise, factual explanation of the error and the corrective evidence. - Certification & submission: The authorized filer must certify the corrected report. If acting as a service provider, ensure you have written authorization and collect indemnities/representations as appropriate. - Confirm receipt & follow up: Capture FinCEN confirmation/TRN and monitor for follow-up requests. Maintain logs and evidence in case of future inquiries or enforcement. - Escalation & legal support: If FinCEN contests the correction, preserve evidence, consult counsel, and prepare to respond to administrative requests or legal processes.

Timelines & outcomes - Original filing deadlines (before injunctions) varied by company creation/registration date (existing companies had earlier deadlines; newly formed companies had 90-day/30-day windows depending on year). Even when enforcement is paused, best practice is to prepare and be ready to file promptly if required. - Penalties exist for willfully filing false information or failing to correct known inaccuracies; civil penalties are assessed per day (statutory adjustment for inflation applies) and criminal penalties can apply for willful violations.

State-specific considerations - BOI reporting is federal; state law does not replace BOI but state filings (name changes, conversions, registrations) can create obligations to update BOI reports (e.g., name or jurisdiction changes require updated BOI). State secretary of state offices have issued scams/alerts warning filers to use FinCEN’s portal (BOI filings are free) and to beware of third-party solicitation scams. - State-level variations are therefore mostly indirect

changes in state formation or registration trigger BOI updates; state SOS resources and alerts are useful for client education.

Fraud & scams - FinCEN filings are free via the official portal; states and NASS have warned about third-party scams charging fees or misleading filers.

Best practices for a BOI dispute handling service - Maintain a client intake checklist

entity documents, ownership charts, IDs, state filing confirmations, authorization to file. - Use a standard engagement letter with scope, fees, certification obligations, and indemnities. - Provide a clear audit trail: copies of filings, TRNs, communications with FinCEN, and internal notes. - Offer proactive monitoring: track state filings, business events (conversions/name changes), and regulatory litigation updates affecting BOI enforcement. - Client education materials: prepare plain-language FAQs, sample amendment explanations, and template authorization letters. Suggested content for the blog post and newsletter (structure) - Intro: What BOI is and why it matters now (brief note on litigation/enforcement status). - Who must report and who can file (summary of FinCEN rules). - Common BOI errors and triggers for disputes (ownership, name, jurisdiction, stale IDs). - Step-by-step dispute handling workflow (as above). - Documents & evidence you’ll need. - Timelines, penalties, and legal risks. - State-level notes: when state filings require BOI updates; beware of scams and free FinCEN filing portal. - How a BOI dispute handling service adds value (triage, filings, audit trail, indemnities). - Call to action: audit your BOI readiness; contact for a compliance review or dispute handling engagement. Conclusion - The principal primary source is FinCEN (BOI FAQs, Small Entity Compliance Guide, and the official filing portal). The regulatory environment has been dynamic because of litigation; businesses should prepare to comply, collect correct documentation, use the official portal to amend filings, and engage counsel or qualified service providers when disputes or enforcement risks arise.