The preliminary injunction enjoining enforcement of the Corporate Transparency Act (the “CTA”) has been reinstated. On December 26, 2024, the merits panel of the U.S. Court of Appeals for the 5th Circuit vacated a previous order staying the district court’s nationwide preliminary injunction pending appeal. This means, for the time being, reporting companies are not required to comply with the CTA’s January 1, 2025, deadline while the 5th Circuit fully deliberates the government’s appeal.
On December 27, 2024, the 5th Circuit announced the following schedule on the government’s appeal of the preliminary injunction:
| Appellant's (government’s) brief due | February 7, 2025 |
| Appellees’ (plaintiffs’) brief due | February 21, 2025 |
| Appellant's (government’s) reply brief due | February 28, 2025 |
| Oral argument | March 25, 2025 |
Thus, for the time being, the preliminary injunction should stay in place at least until March 25, 2025. However, as Woods Aitken has previously stated, the state of the CTA remains in flux. Since December 3, 2024, three separate court orders have been issued changing the status of the CTA. As such, reporting companies should be prepared to react to additional changes in the future. Woods Aitken will continue to monitor updates and provide additional information as it becomes available. For our recent update regarding the stay of the preliminary injunction, please see our E-Brief here. For general information regarding the CTA please see our E-Brief here.
If you have any specific questions, please do not hesitate to reach out to your contact at Woods Aitken, or one of the following:
William A. Ozaki (Lincoln): wozaki@woodsaitken.com or (402) 817-4860
Daniel R. Carnahan (Omaha): dcarnahan@woodsaitken.com or (402) 898-7430
Lena A. Lucas (Denver): llucas@woodsaitken.com or (303) 606-6707