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New federal law may require you to file Notary business information by January 2025 or sooner

An American flag waving in the wind

A new federal law requires many small businesses — including Notary businesses — to file information with the government by January 2025 or face steep fines and penalties. Read our FAQ about the Corporate Transparency Act below to find out if your business is affected and how to file your information.

What is the CTA and who does it affect?

The Corporate Transparency Act (CTA), enacted in 2021, aims to combat financial crimes by increasing transparency around company ownership. Notaries who have organized and are operating their businesses under certain business structures need to be aware of new filing requirements that may impact their business. The required reporting period started this year, with upcoming deadlines in January 2025.

The CTA requires certain businesses to report information about their “beneficial owners” to the Financial Crimes Enforcement Network (FinCEN). A beneficial owner is someone who owns a significant share of the company or has control over its decisions.

Are Notaries required to report business information under the CTA?

It depends. Notaries who operate as sole proprietorships likely are not affected, unless they filed paperwork with a state office to establish their business. However, Notaries who operate as Limited Liability Companies (LLCs), corporations, or under any other business structure requiring filing with the state are considered reporting companies and must file a Beneficial Ownership Information (BOI) report with FinCEN.

What information do I need to file for my Notary business?

The BOI report requires details about the reporting company, its beneficial owners, and any company applicants (if applicable). This includes names, addresses, birthdays, and identification numbers for each individual.

A “company applicant” includes the person who filed the document that created or registered the company, or the individual responsible for directing or controlling the filing of documents that initially created or registered the business.

What are the deadlines to file?

The deadlines depend on the date the business was established:

  • Businesses established before January 1, 2024 have until January 1, 2025, to file their initial BOI report.
  • Businesses established in 2024 have 90 days to file after receiving notice of their formation.
  • Businesses established on or after January 1, 2025 have 30 days to file after receiving notice of their formation.

What are the penalties for businesses that don’t file?

Failure to comply with the CTA can result in hefty fines. Willful violation can lead to civil penalties of up to $591 per day (as of April 18, 2024) and potential criminal penalties of up to two years imprisonment and a $10,000 fine.

What should I do if I’m not sure my Notary business falls under CTA filing requirements?

Notaries unsure about their filing requirements should consult with an accountant or lawyer to determine if their business must file a report under the CTA. There is no penalty for filing a BOI report if you are not required to, so there is no harm in filing anyway if you wish to err on the side of caution.

Remember: The deadline for pre-2024 companies is approaching. Notaries who operate their business as a reporting company should take steps to ensure they are compliant with the CTA.


Additional Resources:

Small Entity Compliance Guide from FinCEN


63 Comments

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Marlene Hamlin

25 Nov 2024

It was easy enough to file and then I received confirmation that my company was compliant.

newCAnotary

04 Sep 2024

I'm a California commissioned notary. I'm a sole proprietor in my small business. I also had questions about whether this applies to me or not as I'm not registered under a specific business name in my state nor am I an LLC. However, in order to avoid any potential penalties, I went ahead and submitted my BOIR because it doesn't cost me anything to do it (even though I might not have need to), but it does cost a hefty penalty if I did have to but decided not to.

dmvittoria75@protonmail.com

26 Aug 2024

My business is owned & operated by my holding (both registered in Delaware), my holding company is then owned by my Trust. Based on what I read TRUSTS are excluded from this rule because they are considered private entities. Is that correct?

National Notary Association

10 Sep 2024

Hello. We apologize, but because each individual business may have different factors affecting its requirements, we cannot give legal or financial advice whether an individual Notary business is exampt or required to report. You will need to consult with a qualified accountant or attorney to determine your business status.

Ann-Marie

20 Aug 2024

Great article, information provided is clear

ELAINE

15 Aug 2024

Basically, you didn't answer a single question. I thought that was the point of paying for your service to inform notaries without their having to go to other sites.

Robin O'Brien

07 Aug 2024

I am located in CA. If I have a Business license through the state do I need to do this and if so, will I be notified?

National Notary Association

12 Aug 2024

Hello. If you are unsure whether you are required to report information, you may wish to consult with an accountant or business attorney. FINCEN has also published a FAQ about reporting requirements here: https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf

Julie Nichols

07 Aug 2024

I do not have an LLC or any other entity. I am a sole proprietor, but I did file an assumed name certificate with my county so that i could open a business checking account and use the assumed name on websites instead of my own name. Am i required to file?

National Notary Association

12 Aug 2024

Hello. If you are unsure whether you are required to report information, you may wish to consult with an accountant or business attorney. FINCEN has also published a FAQ about reporting requirements here: https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf

Marian

07 Aug 2024

I recently applied for a LLC, however, I have not performed any services at all under the LLC. It's become just too complicated. I did complete and submit the FINCEN electronically. How do I go about cancelling / closing the LLC?

National Notary Association

12 Aug 2024

Hello. We're sorry, but you would need to contact the agency you registered the LLC with or a business attorney for instructions how to cancel the business registration.

Danette

07 Aug 2024

Does this apply if you have a DBA for your notary business?

National Notary Association

12 Aug 2024

Hello. If you are unsure whether you are required to report information, you may wish to consult with an accountant or business attorney. FINCEN has also published a FAQ about reporting requirements here: https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf

Laura B

06 Aug 2024

I only registered for dba at county level but since it doesn’t hurt anything to register I did it right away and don’t have to worry about it.

David N. DiTommaso, Esq.

06 Aug 2024

I am an attorney in the state of Massachusetts. I am also a Notary and I often notarize documents that I prepare, such as Wills, Trusts and Contracts. Do I need to register?

National Notary Association

12 Aug 2024

Hello. FINCEN has published a FAQ about reporting requirements here: https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide.v1.1-FINAL.pdf

Angela Cook

06 Aug 2024

This is from Fincen. If you are a sole proprietor, this doesn't apply. C. 6. Is a sole proprietorship a reporting company? No, unless a sole proprietorship was created (or, if a foreign sole proprietorship, registered to do business) in the United States by filing a document with a secretary of state or similar office. An entity is a reporting company only if it was created (or, if a foreign company, registered to do business) in the United States by filing such a document. Filing a document with a government agency to obtain (1) an IRS employer identification number, (2) a fictitious business name, or (3) a professional or occupational license does not create a new entity, and therefore does not make a sole proprietorship filing such a document a reporting company. [Issued December 12, 2023]

Anna

06 Aug 2024

Where do we report? Is there a website or link?

National Notary Association

06 Aug 2024

FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

RAFALAR HIGHTOWER

05 Aug 2024

How do I file a BOI REPORT

National Notary Association

06 Aug 2024

FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Robyn

05 Aug 2024

New candidate any assistance or tutoring would be appreciated Thanks

National Notary Association

06 Aug 2024

FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Susan A. Aiken

05 Aug 2024

Hi I'm an independent California notary public, doing notaries mainly for my senior community as requested. Just me. Do I have to sign up for that? Much thanks. sue

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you.

Athena Blum

05 Aug 2024

In the State of Washington, I have filed as an LLC since 2020. Would I need to file for the federal government?

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you. FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Frank De Seno

05 Aug 2024

Hello, I am fairly new to becoming a Notary/Signing Agent. It is just me doing signings. If it is just me do I still need to register?

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you. FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

ptandy@proton.me

05 Aug 2024

I need to know if most Notaries in NC are required to be licensed? And what is the safest business structure to set up for a one man operation?

National Notary Association

06 Aug 2024

Hello. You would need to contact a qualified advisor such as a business attorney for legal advice on what type of incorporation would be most appropriate for your Notary business.

DC

05 Aug 2024

I am a sole notary, not LLC, or corporation. Do I need to file for notary business?

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you. FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Linda Walker

05 Aug 2024

I just work from home and signing companies. I am not registered.

Vina

05 Aug 2024

I am just a Notary for work. Not a business or LLC, does this mean I do not have to worry about this?

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you. FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Beatriz Felix

05 Aug 2024

I offer my notary service for my work, colleagues and usually don' t charge for notarizing. Do I have to register?

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you. FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Robert V

05 Aug 2024

I have a DBA for my business and i am a sole proprietor, not an LLC. Do those operating as owner of a business under a DBA need to file?

National Notary Association

06 Aug 2024

FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Marcia Franklin

05 Aug 2024

This is Confusing. I am independent. But sign closings. Now remote for a title company. Since 2003. I work alone. I have my checking account with a DBA. Do i need to fill oit the new forms for the state/government?

National Notary Association

06 Aug 2024

FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Martin E Salinas

05 Aug 2024

I am a commissioned notary in the state of California. I am an employee for a business and all notarizations are done during normal working hours and do not charge any fees for services. There are, on very rare occasions where I have done notarizations during non-working hours but do not charge a fee. Is the company I work for required to file this BOI report or.. am I required??

National Notary Association

06 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you. FINCEN has information and answers to frequently asked questions about the process here: https://www.fincen.gov/boi-faqs

Karen FAgan

05 Aug 2024

I really don't have a "notary" business per se. I have it to assist my boss when notarizations are required for some documents. I literally do a handful a year. Would I be required to file? I am in Texas.

National Notary Association

05 Aug 2024

Hello. If you operate a registered Notary business, Limited Liability Companies (LLCs), corporations, or any other business structure requiring filing with the state are considered reporting companies and must file a Beneficial Ownership Information (BOI) report with FinCEN. If you own a Notary business and are unsure if you need to file or not, consult with a qualified accountant or attorney.

aschwankert@gmail.com

05 Aug 2024

Currently getting started in a new business. This was right on time. Thank you. Nobody said this was going to be easy.

Joyce W

05 Aug 2024

Curious and a bit confused. There is a question< "Was the company created by the filing of a document with a Secretary of State under the law......." When I took the NNA course and exam, we filled out forms with picture to go to the CA SOS???? I am just a sole Notary, is it mandatory for me? Not incorporated as an LLC or working under any company. Thank you, JW

National Notary Association

05 Aug 2024

Hello. Obtaining a Notary commission is not the same as registering a business. Registering a Notary business with the appropriate agencies is a separate process from applying for or renewing your commission.

Steven D Ransom

05 Aug 2024

It doesn't seem as if Notary is an Independent business anymore. It seems to be becoming more and more regulated by the Government. What is happening to the freedom of enterprise? ...ijs😀

Chris Nwakobi

05 Aug 2024

How do we file

National Notary Association

05 Aug 2024

Please see the links in the article for filing instructions.

Daniel Kennedy

05 Aug 2024

I am a Notary only to officiate weddings for former students for free. Do I need to file and if so, how do I acquire the proper form/s?

National Notary Association

05 Aug 2024

Hello. The law affects Notaries who have registered a company or business offering Notary services. If you offer Notary services and have a registered business to do so, and are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you.

Alena Marie Miller Wilhite

05 Aug 2024

I work for a family law attorney and notarize for our clients. Does this apply to us?

National Notary Association

05 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you.

CHARLA WILLIAMSON

05 Aug 2024

I only do notaries for my work when needed, do I need to file with the CTA . I work for a small water utility company.

National Notary Association

05 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you.

Janet

05 Aug 2024

I realize that this is a federal law; however, I am in NC. I only notarize documents at work, both business and personal for colleagues. I do not collect any fees. Since I am not a Notary business, do you know if the federal law will apply to me? If so, I may be ending my Commission.

National Notary Association

05 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you.

Steve Bergeron

05 Aug 2024

If you're a Notary for your employer, do you still need to file?

National Notary Association

05 Aug 2024

Hello. The law affects Notaries who own a registered company or business offering Notary services. If you offer Notary services and own a registered business to do so, but are unsure if you need to file or not, please contact a qualified accountant or business attorney who can advise you.

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