With the Corporate Transparency Act (CTA) set to take effect on January 1, 2024, an estimated 32 million entities will soon be required to report personal information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Treasury Department. While the law is aimed at curbing money laundering, terrorist
FinCEN Issues Guidance on the Corporate Transparency Act
Last month, the Financial Crimes Enforcement Network (“FinCEN”) published proposed regulations to implement the Corporate Transparency Act (“CTA”), which was enacted into law on January 1, 2021. The CTA is designed to help prevent the use of anonymous shell companies in money laundering and other illicit activities by requiring U.S. companies to report personally identifiable…
New Changes to Louisiana’s Corporate Laws Give Increased Flexibility to Business Corporations
On October 16, 2020, Governor John Bel Edwards signed into law Senate Bill 33 amending the Louisiana Business Corporation Act (LBCA) in several areas.
Remote Shareholder Meetings (La. R.S. 12:1-709)
The new law, which became Act No. 3 of the 2020 Second Extraordinary Session, allows for meetings of shareholders to be held solely by means…
Governor Edwards Issues Proclamation Addressing Shareholder Meetings During COVID-19 Public Health Emergency
On March 26, 2020, Governor John Bel Edwards issued Emergency Proclamation 37 JBE 2020 (the “Proclamation”) providing certain measures intended to aid Louisiana businesses in navigating the COVID-19 pandemic, including a temporary suspension of the statutory requirement that Louisiana corporations notice and hold annual and special shareholder meetings at a physical location.
Recent Appellate Court Decision Sheds Light on Shareholder Remedies Under the Louisiana Business Corporation Act
A decision handed down by Louisiana’s Third Circuit Court of Appeal on February 21, 2019, is the first reported case to examine the remedy granted to oppressed shareholders by the Louisiana Business Corporation Act (LBCA), which became effective in 2015.
The LBCA introduced in Louisiana a version of what is known as the “oppression remedy,”…
Record Retention Requirements after a Natural Disaster
For several businesses in the Baton Rouge area, one of the many implications of the recent flooding is the loss of business records that are subject to retention requirements under various state and federal laws. In light of the destruction of many such records in the flood, a question arises as to the applicability of…
Terminating Corporate Life in Louisiana
The Louisiana Business Corporation Act (“LBCA”) became effective on January 1, 2015. The changes to Louisiana corporation law embodied in the LBCA are extensive, especially in the areas of dissolution and termination of a corporation.
The LBCA allows corporations to terminate by simplified articles of termination if the corporation: (1) does not owe…