Clifford Chance

Federal Court Grants Summary Judgment and Injunction in Favor of Plaintiffs Who Challenged the Constitutionality of the Corporate Transparency Act

March 7, 2024

On March 1, 2024, in National Small Business United, d/b/a the National Small Business Association, et al. v. Yellen, et al., a U.S. District Judge in the Northern District of Alabama, Northeastern Division, ruled that the Corporate Transparency Act (the "CTA") exceeds the Constitution’s limits on Congress’s power (memorandum opinion available here). In addition to granting summary judgment in favor of the plaintiffs, the court has enjoined the U.S. Department of the Treasury, including FinCEN, from enforcing the CTA against the plaintiffs.

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