Description

James (Jay) O'Neil is the CEO of CTASafe, a compliance technology and consulting company focused on helping small and closely held businesses meet the Corporate Transparency Act (CTA) reporting requirements. With a background in law, Jay combines legal expertise with practical solutions for businesses facing new regulatory obligations. His experience includes guiding clients through complex compliance laws, and he works closely with accountants and business attorneys to streamline CTA compliance and ensure accuracy in reporting.

In this episode…

Navigating the complexities of new regulations can be daunting for small business owners, especially when the stakes are high. The Corporate Transparency Act (CTA), recently enacted, requires businesses to report detailed ownership information to avoid hefty fines. But what exactly does this mean for your business, and how can you ensure compliance?

According to Jay O'Neil, a seasoned attorney and expert in compliance law, the CTA aims to create a comprehensive database to help prevent money laundering and other financial crimes. He highlights that the law applies to any small business entity registered with the Secretary of State, provided it meets specific size and revenue thresholds. While the Act's intentions are clear, the details are complex, from identifying beneficial owners to understanding filing deadlines. Jay emphasizes that missing the January 1, 2025, deadline could result in severe financial penalties, making it crucial for business owners to understand and address these requirements now.

In this episode of the Pillar6 Podcast, host Roman Polnar speaks with Jay O'Neil, CEO of CTASafe, to discuss the challenges and obligations of CTA compliance. They cover essential details on reporting requirements, potential penalties for non-compliance, and how CTASafe's platform helps streamline the process for small businesses. Jay also shares practical advice for staying compliant in the face of evolving regulations.

Resources mentioned in this episode:

• Roman M. Polnar on LinkedIn
• Pillar6 Advisors
• James (Jay) O'Neil: LinkedIn | Email
• CTASafe: Website | Free Consultation | Email | Pricing
• CTASafe Coupon Codes: $20 off of one time filing (PILLAR61FILE) | $400 off of concierge consulting options (PILLAR61124)
• Law Offices of James O'Neil
• Corporate Transparency Act (CTA)
• Financial Crimes Enforcement Network (FinCEN)
• Love in the Time of Cholera by Gabriel García Márquez

Quotable Moments

• "The Corporate Transparency Act is essentially an attempt by the federal government to create a database of small businesses and their owners."
• "Easy to do wrong, hard to do right. If your test is whether you filled in something on each of the boxes, you're going to be able to do that pretty easily."
• "You have 30 days to file an update, or you're subject to the same penalties. Filing incorrect has the same consequence as failing to file."
• "So you can imagine if you had to call up eight different owners and officers of a company and say, hey, can you mail me your driver's license?"
• "This is a law enforcement database. We need to know within 30 days of where the money launderers are so we can go after them."

Action Steps

1. Understand the requirements: This foundational knowledge helps you identify if your business is a mandatory reporter, thereby avoiding potential penalties.
2. Conduct a beneficial ownership analysis: Analyze your business structure to identify all beneficial owners, including those with substantial control, community property interests, and any complex ownership scenarios to ensure accurate reporting and mitigate the risk of underreporting, which could result in fines.
3. Implement a compliance monitoring system: Set up a system to monitor and update any changes in ownership or company information within the required 30-day period to avoid lapses in compliance due to overlooked updates or changes in business operations.
4. Engage professional help: Leveraging professional expertise can simplify the process and provide clarity, especially regarding complex ownership structures and legal nuances.
5. Schedule regular compliance reviews: This routine helps maintain vigilance against any unreported changes and keeps your business aligned with evolving legal requirements.