BOI updating requirements: When do I need to Update My BOI Report?

When Should Small Businesses Update Their BOI Report? A Comprehensive Guide

For small businesses, understanding when and how to update the Beneficial Ownership Information (BOI) report is crucial for compliance with regulatory requirements. In this blog, we will explore what constitutes a change, when these updates need to be submitted, and the overall requirements for keeping your BOI report up-to-date.

What is a BOI Report?

The BOI report is a regulatory requirement that mandates businesses to disclose the individuals who own or control the company. This report helps authorities prevent money laundering, terrorism financing, and other illicit activities by ensuring transparency in business ownership.

What Constitutes a Change?

Several events can trigger the need to update your BOI report. These include:

  1. Change in Ownership: Any change in the individuals who own a significant portion of the business (usually defined as a 25% ownership stake or more) requires an update.

  2. Change in Control: If there is a change in the individuals who control the business, such as new directors or senior managers, an update is necessary.

  3. Change in Personal Details: Updates to personal details of the beneficial owners:

    1. Name

    2. Address

    3. ID numbers (passport, driver’s license, etc.)

  4. Change in Business Structure: Changes in the business structure, such as mergers, acquisitions, or reorganizations, that affect ownership or control.

When Do You Need to Submit an Update?

Timely updates are critical to ensure compliance. Generally, updates to the BOI report should be submitted:

  1. Immediately: As soon as a change occurs, it's best to update the BOI report immediately to avoid any non-compliance issues.

  2. Within 30 Days: Many jurisdictions mandate that changes be reported within 30 days of the change occurring. This allows a small window to gather all necessary information and ensure the update is accurate.

  3. Annually: Even if no changes occur, some regulations require an annual confirmation that the previously submitted BOI information is still accurate.

How to Submit an Update

The process for updating your BOI report typically involves:

  1. Gathering Information: Collect all relevant information about the changes, including details of the new beneficial owners or changes in control.

  2. Completing Forms: Fill out the required forms provided by the regulatory authority. Ensure that all information is accurate and complete.

  3. Submission: Submit the updated BOI report through the designated online portal or via mail, as specified by the regulatory authority.

Why is Updating Your BOI Report Important?

Failing to update your BOI report can lead to severe penalties, including fines and legal action. Moreover, maintaining accurate BOI information:

  • Ensures Compliance: Staying compliant with regulations helps avoid penalties and keeps your business in good standing.

  • Enhances Transparency: Transparency builds trust with customers, investors, and other stakeholders.

  • Supports Anti-Fraud Efforts: Accurate BOI information helps combat financial crimes and supports global anti-fraud initiatives.

Conclusion

For small businesses, keeping the BOI report up-to-date is not just a regulatory requirement but also a best practice for maintaining transparency and compliance. By understanding what constitutes a change, when updates need to be submitted, and how to properly report these changes, you can ensure your business remains compliant and trustworthy.

If you have any questions or need assistance with updating your BOI report, feel free to reach out to our team for professional guidance and support.

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New FinCEN Guidance on Reporting Requirements: What You Need to Know

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From Inception to Compliance: The Evolution of FinCEN and Why Small Businesses Must File BOI Reports