HR 3331 · 113th Congress 2013–2015, ended

Incorporation Transparency and Law Enforcement Assistance Act

Fact sheet

Latest action · Oct 23, 2013 Referred to the House Committee on Financial Services.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 23, 2013
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Incorporation Transparency and Law Enforcement Assistance Act - Directs the Secretary of the Treasury to: (1) issue regulations requiring corporations and limited liability companies formed in a state that does not have a formation system providing for the disclosure, updating, and verification of beneficial ownership information to file with the Secretary information about their beneficial ownership as required by this Act; and (2) provide such information pursuant to a civil or criminal subpoena or summons from a federal or state agency or a congressional committee or a written request by a federal agency on behalf of another country or by the Financial Crimes Enforcement Network.

Defines a "beneficial owner," "corporation," "limited liability company," and "formation agent" for purposes of this Act.

Sets forth requirements for state formation systems regarding beneficial ownership information, including: (1) the identification of beneficial owners by name, residential or business address, and identifying number from a passport or driver's license; and (2) the updating of lists of beneficial owners not later than 60 days after any change in information. Requires retention of such information for five years after a corporation or limited liability company terminates.

Authorizes a state that maintains a formal licensing system for formation agents to permit an applicant to form a corporation or limited liability company, or a corporation or company formed under the laws of the state, to provide such information to such an agent residing in that state instead of to that state directly, under certain conditions. Prescribes penalties for: (1) providing false or fraudulent beneficial ownership information; (2) willfully failing to provide complete or updated information; (3) disclosing the existence of a subpoena, summons, or other request for beneficial ownership information, with exceptions; and (4) a formation agent failing to obtain or maintain credible, legible, and updated beneficial ownership information.

Requires the Secretary to publish a proposed and final rule to require persons engaged in the business of forming corporations to establish anti-money laundering programs.

Requires the Comptroller General to study and report to Congress on: (1) state requirements for the disclosure of beneficial ownership information; (2) whether the lack of such information has impeded investigations into entities suspected of terrorism, money laundering, and other criminal activities; (3) whether the failure to require beneficial ownership information for partnerships and trusts formed or registered in the United States has elicited international criticism and what steps the United States has taken or is planning to take in response; and (4) the effectiveness of incorporation practices implemented under this Act in aiding law enforcement.

Cosponsors 7

Members who signed on, in the order they did. Signatures ran from Oct 23, 2013 to Nov 19, 2014, with 3 there on the day it was introduced.

SeatCosponsorSigned on
D-WIGwen MooreOriginalOct 23, 2013
D-CAMaxine WatersOriginalOct 23, 2013
D-MAMichael E. CapuanoOriginalOct 23, 2013
R-NYPeter T. KingFeb 4, 2014
D-CAGrace F. NapolitanoMar 26, 2014
D-PAMatt CartwrightJul 29, 2014
R-PAMichael G. FitzpatrickNov 19, 2014

Actions 3

Everything that happened, newest first.

  1. Oct 23, 2013Introduced in House
  2. Oct 23, 2013Referred to the House Committee on Financial Services.
  3. Oct 23, 2013Sponsor introductory remarks on measure. (CR E1565-1566)

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Oct 23, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.