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FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) entitled Beneficial Ownership Information Access and Safeguards, and Use of FinCEN Identifiers for Entities.  The proposed regulations will establish protocols to protect the security and confidentiality of the beneficial ownership information (BOI) that will be reported to FinCEN pursuant to Section 6403 of the Corporate Transparency Act (CTA), and will establish the framework for access by authorized recipients to the BOI reported.  The proposed regulations will also specify when and how reporting companies can use FinCEN identifiers to report the BOI of entities.  The CTA was enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA).  This proposed rule is the second of three rulemakings FinCEN is required to issue under the CTA.  With regard to the first required rulemaking, FinCEN issued a final rule entitled "Beneficial Ownership Information Reporting Requirements" (BOI reporting rule).

The third required rulemaking will revise the customer due diligence (CDD) requirements for financial institutions.  FinCEN previously issued an Advance Notice of Proposed Rulemaking (ANPRM) entitled Beneficial Ownership Information Reporting Requirements on April 5, 2021, that solicited comments on a wide range of questions that concerned all three rulemakings.  FinCEN also previously issued a Notice of Proposed Rulemaking with the same title on December 8, 2021 (BOI Reporting NPRM) that addressed only the first of the three rulemakings, but the comments FinCEN received related to all three subjects. This proposed rule reflects FinCEN’s consideration of public comments that have been received in response to the ANPRM and BOI Reporting NPRM.  The proposed rule will also re-issue certain provisions of the BOI Reporting NPRM related to the use of FinCEN identifiers.