BOI onboarding support for VAs and assistants

Research summary and practical guidance for BOI onboarding support for virtual assistants (VAs) and assistants supporting U.S. business owners / LLC founders. Reasoning and steps taken: - I searched authoritative sources (FinCEN BOI webpages, FinCEN interim-final-rule Q&A, FinCEN Small Entity Compliance Guide, NIST digital identity guidelines, and professional guidance) to confirm the current regulatory baseline and gather best practices for remote onboarding and identity proofing for third-party filers (VAs/assistants). - I prioritized primary sources (FinCEN materials) because BOI reporting is governed by FinCEN and the Corporate Transparency Act; I used NIST for identity-proofing technical standards that are widely accepted for remote verification. - I focused on: (1) the current scope of the BOI reporting requirement after FinCEN’s March 26, 2025 interim final rule (IFR); (2) required data elements and filing mechanics; (3) third-party filing rules and recommended documentation/authorization practices for VAs; (4) remote identity-proofing best practices (NIST); (5) update/correction timelines, penalties, and recordkeeping/data security recommendations; and (6) state-level considerations and practical onboarding checklists and scripts tailored for VAs.

Key findings and practical guidance (concise): 1) Current regulatory scope (critical update) - FinCEN published an interim final rule (March 26, 2025) that narrowed the reporting-company definition: entities formed under U.S. law (formerly “domestic reporting companies”) and U.S. persons are exempt from BOI reporting to FinCEN under the CTA.

Only certain foreign entities that have registered to do business in U.S. states/tribal jurisdictions (by filing with a secretary of state or similar office) remain reporting companies and must report BOI unless exempt. (See citations.) - Deadlines (as adjusted by the IFR): foreign reporting companies registered before March 26, 2025 generally had until April 25, 2025 to file; those registering on or after March 26, 2025 generally have 30 calendar days from notice of registration to file an initial BOI report. (See citations.)

Research summary and practical guidance for BOI onboarding support for virtual assistants (VAs) and assistants supporting U.S. business owners / LLC founders. Reasoning and steps taken:

- I focused on: (1) the current scope of the BOI reporting requirement after FinCEN’s March 26, 2025 interim final rule (IFR); (2) required data elements and filing mechanics; (3) third-party filing rules and recommended documentation/authorization practices for VAs; (4) remote identity-proofing best practices (NIST); (5) update/correction timelines, penalties, and recordkeeping/data security recommendations; and (6) state-level considerations and practical onboarding checklists and scripts tailored for VAs.

Key findings and practical guidance (concise): 1) Current regulatory scope (critical update) - FinCEN published an interim final rule (March 26, 2025) that narrowed the reporting-company definition: entities formed under U.S. law (formerly “domestic reporting companies”) and U.S. persons are exempt from BOI reporting to FinCEN under the CTA.

Only certain foreign entities that have registered to do business in U.S. states/tribal jurisdictions (by filing with a secretary of state or similar office) remain reporting companies and must report BOI unless exempt. (See citations.) - Deadlines (as adjusted by the IFR): foreign reporting companies registered before March 26, 2025 generally had until April 25, 2025 to file; those registering on or after March 26, 2025 generally have 30 calendar days from notice of registration to file an initial BOI report. (See citations.)

• I searched authoritative sources (FinCEN BOI webpages, FinCEN interim-final-rule Q&A, FinCEN Small Entity Compliance Guide, NIST digital identity guidelines, and professional guidance) to confirm the current regulatory baseline and gather best practices for remote onboarding and identity proofing for third-party filers (VAs/assistants).
• I prioritized primary sources (FinCEN materials) because BOI reporting is governed by FinCEN and the Corporate Transparency Act; I used NIST for identity-proofing technical standards that are widely accepted for remote verification.

Who may file and third-party (VA/assistant) role - Anyone a reporting company authorizes (employee, owner, or third-party service provider) may file BOI reports on its behalf; the submitter must certify the accuracy and completeness of the report. FinCEN does not make the filing contingent on being an attorney or CPA. State rules on the unauthorized practice of law may vary, so firms and VAs should avoid offering legal advice unless licensed. (See FinCEN FAQ excerpts.) - FinCEN does not require third-party file-authorization records, but recommends best practices; third-party filers who willfully submit false BOI face civil/criminal penalties. As a best practice, VAs/third-party providers should maintain signed authorization records and evidence of their authority to file. (See FinCEN FAQ excerpts.)

What to collect (required elements) - Reporting-company info

legal name, trade/DBAs, U.S. principal address (or U.S. business address if principal place outside U.S.), jurisdiction of formation, and state/tribal jurisdiction where registered. For foreign reporting companies, a TIN or foreign tax ID and formation jurisdiction are required. (Refer to FinCEN guidance and checklists.) - Beneficial owners & company applicants: full legal name, date of birth, current residential address, unique identifying number and issuing jurisdiction from an acceptable ID document, and an image of that ID (unless using a FinCEN identifier). FinCEN allows reporting companies to use a FinCEN identifier in place of the four personal data elements if the individual obtained one. (See Small Entity Compliance Guide.)

Identity verification and remote onboarding (practical for VAs) - Use NIST SP 800-63 identity-proofing levels to guide required confidence

require at least IAL2 (remote identity proofing with verification of identity evidence) for BOI collection where possible; IAL3 where extremely high assurance is necessary. Virtual in-person proofing methods (video session plus document capture) are recognized methods. (See NIST excerpt.) - Acceptable documents: government-issued photo IDs (passport, driver’s license, national ID), with image capture; use live selfie + liveness checks; require copies and metadata (document type, issuer, expiration). Prefer vendors or platforms that follow NIST guidance (Onfido/IDnow/others) and maintain SOC 2 or equivalent security compliance. - If a person obtains a FinCEN identifier, that identifier can be used by the reporting company instead of transmitting full ID information; encourage beneficial owners/company applicants to get FinCEN identifiers where appropriate.

Authorization, consent, and documentation for VAs - Obtain explicit, written authorization from the reporting company to act on its behalf (signed authorization or secure electronic authorization). Store a redact-ready copy of the authorization and a record of the filer’s contact details and role. - Maintain an ingestion log for every BOI onboarding

who provided the data, what documents were collected, verification method (manual check, vendor, IAL level), date/time, who filed, and confirmation/transaction ID from FinCEN. - Do NOT provide legal advice; if the company is unsure whether it is a reporting company or whether an exemption applies, advise the company to consult counsel or a qualified professional.

Data security, privacy, and retention - Treat BOI-related materials as highly sensitive

store encrypted at rest and in transit (TLS 1.2+), use role-based access controls, and limit access to only those who need to prepare or file BOI reports. - Implement retention rules and a secure deletion policy that align with client expectations and any contractual obligations. FinCEN doesn’t prescribe a specific retention period for third parties, but best practice is to retain authorization and filing records for a commercially reasonable period (e.g., 5–7 years) or in line with tax or AML/recordkeeping obligations—document retention policies should be included in engagement letters. 7) Updates, corrections, and timelines - Reporting companies (or their authorized filers) must correct inaccurate BOI reports within 30 days of becoming aware. There is a safe harbor for voluntarily correcting late inaccuracies in certain windows (see FinCEN guidance on correction timelines). Failing to timely report or willfully providing false information can result in civil or criminal penalties. (See Small Entity Compliance Guide excerpts.)

State-specific considerations - The IFR exempts U.S.-created entities from federal BOI reporting, but state filing and business registration processes remain unchanged and can include ownership/agent disclosures required by the state. Some states and localities may have their own beneficial ownership or pay-to-play disclosure requirements; VAs working across jurisdictions should consult the relevant Secretary of State/State Agency guidance for state-specific forms or reporting rules. Because state practices vary, include a step to check the applicable state(s)’s SOS website when onboarding a company.

Practical VA onboarding checklist (step-by-step) - Pre-onboarding

Confirm whether the entity is a foreign reporting company required to file (if the company was formed under foreign law and registered in a U.S. state); if uncertain, refer to counsel. Confirm exemptions. - Authorization: obtain signed written authorization to collect BOI and file on the company’s behalf; capture scope and retention consent. - Collect company data: legal name, DBA, jurisdiction of formation, address, registration date, tax ID (EIN or foreign tax ID). - Identify individuals to report: list beneficial owners (25%+ and/or substantial control) and company applicants. - Collect individual data: name, DOB, residential address, ID number & issuing jurisdiction, and ID image; or obtain a FinCEN identifier. - Identity-proofing: perform NIST-aligned remote proofing (document + selfie + liveness) or use a trusted vendor; log IAL level. - Prepare filing: assemble documents, create FinCEN e-filing submitter account or use authorized third-party API; confirm authorization again at time of filing. - File & confirm: submit report, download/retain filing confirmation/transcript, and provide confirmation to the company. - Post-filing: monitor for change events; correct inaccuracies within 30 days; retain records per retention policy.

Sample scripts and authorization templates (conceptual guidance) - Script to request documents (concise)

"To comply with BOI reporting requirements, please provide your full legal name, date of birth, current residential address, and a photo of an acceptable government-issued ID. If you prefer, you can obtain a FinCEN identifier and provide that number instead. These documents will be stored securely and used only to prepare/submit the BOI report. By returning these documents you consent to our collection and filing on your behalf." (Customize for tone.) - Authorization template (elements): reporting company name, statement authorizing VA/assistant to collect BOI and file to FinCEN on company’s behalf, scope of authority, effective date, signer name/title, signature, and retention/privacy statement.

Recommendations and risk mitigation for US business owners and VAs - Verify whether the company is actually required to file (post-March 26, 2025 IFR most U.S.-formed entities are exempt). Don’t assume filing is required. - Use secure tools and vendors that meet NIST guidance and have appropriate security certifications (SOC2, ISO 27001) for document capture and storage. - Keep clear written authorization & an audit log for each submission; maintain filing confirmations. - Maintain a referral process to counsel for borderline/exemption questions and for state-specific complexities. Next steps and gaps to address (recommended additional research or assets to prepare) - Gather state-specific SOS guidance pages (Delaware, Wyoming, California, New York, Florida) if you want concrete state-by-state action items or checklists. - Collect sample authorization form and an editable onboarding checklist in a client-ready format. - If desired, compile vendor recommendations for remote ID proofing with documented NIST IAL support and SOC2 compliance. Would you like me to

(A) write the blog + newsletter now using the above research, (B) first fetch state-level SOS guidance and vendor options, or (C) prepare the onboarding checklist + authorization template as separate deliverables?