CTA FinCEN Update

CTA FinCEN UpdateAs we shared in an update last week, a federal district court issued a preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule. This nationwide ruling halts the requirement for reporting companies to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). As a result, companies subject to the CTA’s reporting requirements are now exempt from filing beneficial ownership reports until further notice.

In response, FinCEN has stated:

“In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports.”

On December 5, 2024, the Department of Justice filed a Notice of Appeal on behalf of the Department of the Treasury, signaling the government’s intent to challenge the court’s decision. This legal action underscores the continued debate over the CTA, which was enacted to combat illicit financial activities but has faced challenges over its implications for confidentiality and compliance burdens.

Bridgeford Trust Company’s CTA Resource Page

The ongoing legal developments surrounding the CTA highlight the complexities of this legislation and its implications for businesses. To help advisors and clients stay informed, Bridgeford Trust Company has created a dedicated CTA Resource Page, offering timely updates and insights.

The landscape surrounding the CTA is evolving rapidly, and Bridgeford Trust Company will continue to monitor developments closely. We encourage you to explore the resources on our CTA Resource Page, and if you have any questions, feel free to reach out via our contact form or by calling us at (605) 224-9189.

cta-federal-court-ruling

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule (Reporting Rule). This ruling halts the requirement for reporting companies to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), despite the looming January 1, 2025, compliance deadline for reporting companies formed prior to 2024. The injunction applies nationwide, meaning that all companies subject to the CTA’s reporting requirements are now exempt from filing beneficial ownership reports until further notice.

In its order, the Court noted:

“…the CTA is a law enforcement tool—not an instrument calibrated to protect commerce; an exercise of police power, rather than a regulation of an activity which might impair commerce among the several states. This the Commerce Clause will not tolerate.”

This statement underscores the Court’s view that the CTA oversteps constitutional limits, and while this ruling temporarily pauses compliance obligations, the final impact remains uncertain. Businesses should stay informed and proactive as the legal battle over the CTA unfolds, particularly in light of harsh penalties for non-compliance. Reporting companies should also carefully follow legal advice and continue gathering the required information. If legal advice is to suspend reporting in light of the Court’s ruling, reporting companies should still be prepared to file, at a moment’s notice, to meet the January 1, 2025, deadline if enforcement resumes after further Court action.

The CTA Defined and Debated: Insights from Bridgeford

At the South Dakota Trust Association’s 8th Annual Fall Forum in October, David Warren, Co-Founder and Chairman of Bridgeford Trust Company, delivered a presentation titled The Corporate Transparency Act is Here: Now What? Held in Deadwood, South Dakota, the event brought together trust industry leaders to examine the latest developments in legislation, trends, and compliance requirements.

David’s session explored the CTA, its sweeping reporting requirements for corporations, LLCs, and other entities, and the debate it has sparked due to its impact on privacy and administrative complexity. In his presentation, David outlined several critical aspects of the CTA:

  • Reporting Requirements, Exemptions, and Penalties: Entities must disclose beneficial ownership information to FinCEN, with harsh penalties for non-compliance, including fines and imprisonment.
  • Privacy Protections: While the CTA mandates extensive transparency, it includes privacy safeguards enforced by FinCEN to protect beneficial owners’ personal information.
  • Privacy in a Transparent World: The CTA’s impact on trust and estate planning, and how individuals and entities might need to restructure their trusts and holding companies to maintain privacy and asset protection.

Even as the CTA faces legal uncertainties, it challenges traditional notions of confidentiality, making it critical to understand and prepare for its potential implications. During the presentation, David emphasizes the need for proactive compliance and innovative strategies to adapt to this new transparency regime, highlighting how South Dakota’s trust laws, including Directed Trusts and robust privacy provisions, provide effective solutions to these challenges.

Watch the Full Presentation

If you missed the Fall Forum or want to explore the CTA’s implications in more detail, you can now watch David’s full presentation on Bridgeford’s YouTube Channel.



We will continue to follow the rollout of the CTA and its evolving challenges. To help advisors and clients stay informed, Bridgeford Trust Company has created a dedicated CTA Resource Page, offering timely updates and insights.

If you have questions about the CTA, its impact on trust planning, or compliance strategies, we encourage you to contact us via our contact page or by calling (605) 224-9189.

bridgeford-podcast

podcast-ireland-offshore-assets

Episode 45 is available on Bridgeford Trust Company’s Delivering Direction and Control podcast series! Don’t forget, you can now also watch new episodes on our YouTube channel, offering a dynamic way to experience the engaging discussions.

In this episode, David Warren – Co-Founder and Chairman of Bridgeford Trust Company – reconnects with Callan Family Office, speaking with Lisa Clifford and Jeff Getty, Co-Managing Directors of the company’s Business & Transaction Advisory Practice. Following Callan Family Office’s first podcast appearance, which introduced the company’s unique approach to investment management and philanthropy, this episode explores the intricacies of Lisa and Jeff’s specialized practice and the strategies they use to guide business owners through pivotal transitions.

Listen in as Lisa and Jeff share their journey to Callan Family Office, explaining why they transitioned their practice and how it has flourished since. They discuss their focus on guiding business owners through various stages of the company lifecycle with tailored planning to achieve optimal tax outcomes during pre-sale, sale, and post-sale phases. Their “Tax Trilogy” framework addresses income, state, and transfer tax considerations while leveraging strategies like NIMCRUTs, CLATs, and INGs.

Beyond technical strategies, Lisa and Jeff highlight the “soft side” of their practice, emphasizing the value of building strong client relationships and meeting them where they are in their journey. As the episode concludes, they offer practical advice on when business owners should engage advisors like themselves to ensure a successful exit strategy.

You can listen to our latest episode on Bridgeford’s podcast page, Apple Podcasts, iHeartRadioSpotify, and SoundCloud – or watch it on our YouTube channel.

Bridgeford Trust Company’s Delivering Direction and Control podcast was developed to educate, challenge, and inspire listeners. As we interview experts in the trust planning arena, we keep listeners updated on developments regarding modern trust law and provide practical discussion on the powerful trust planning opportunities available to advisors around the country and the world – all in an effort to deliver far more direction and control to clients and their advisors than ever before. Check out all of our episodes here: bridgefordtrust.com/podcasts.

If you have questions on any of the topics discussed in this latest episode, don’t hesitate to reach out to us via our contact form or call us at (605) 224-9189.

well-settled trusts bridgeford philadelphia

On November 13, Bridgeford Trust Company proudly celebrated the launch of Bridgeford Philadelphia, our sister company’s newest office, located at 1601 Market Street. This exciting milestone featured a highly engaging panel discussion, “Well-Settled Trusts in Unsettled Times,” with industry leaders from Bridgeford Trust Company, Morgan Lewis, and McKonly & Asbury.

For those unable to attend, we invite you to watch a recording of this compelling discussion. The panel – featuring David Warren (Bridgeford Trust Company), Christina Mesires Fournaris and Daniel Cooper (Morgan Lewis), and Michael Bonventure (McKonly & Asbury) – explored timely topics such as geopolitical unrest, potential changes to U.S. tax law, and economic uncertainty. Key insights included:



The launch of Bridgeford Philadelphia is a testament to our continued commitment to deliver innovative, conflict-free trust solutions nationwide and beyond. We are excited to expand our presence in the Northeast, delivering more personalized service to families and advisors across Pennsylvania and the surrounding regions.

If you have questions about any of the topics discussed in the presentation or want to learn more about Bridgeford’s expansion into Philadelphia, please reach out to us via our contact form or call us at (605) 224-9189.

trust-jurisdiction-lumiq

Bridgeford Trust Company recently teamed up with LumiQ – a podcast platform featuring engaging conversations with business leaders and providing verified CPE to professionals nationwide. The episode “Jurisdiction Matters! Tax Planning with Modern Trust Law” is now live on LumiQ and explores how choosing the right jurisdiction for your trust is more critical than ever for tax efficiency and legal protection.

In this episode, David Warren, Co-Founder and Chairman of Bridgeford Trust Company, shares his expertise on the importance of trust jurisdiction selection in wealth management. He delves into case law, trust structures, and the top jurisdictions for setting up trusts.

Key topics include:

  • The significance of trust jurisdiction from a tax planning perspective.
  • Key court cases influencing trust law and taxation.
  • Various trust structures and their tax benefits.
  • The role of trust companies in managing trust jurisdictions.

Tune in to gain valuable insights and discover why trust jurisdiction selection matters now more than ever. Listen here to the episode on LumiQ. And if you’re new to LumiQ, be sure to take advantage of our free trial link to get 5 credits – perfect for catching this episode and exploring a few others!

For any questions about the topics discussed, don’t hesitate to reach out to us via our contact page or by calling (605) 224-9189.

Bridgeford Trust Company is proud and excited to announce the launch of Bridgeford Philadelphia, a new office established by our sister company, Bridgeford Advisors (dba Bridgeford). To celebrate this exciting expansion, we invite you to join us for our launch event on November 13, featuring an engaging panel discussion and networking reception. See below for registration details.

Operating as a trust planning advisory firm, Bridgeford engages Bridgeford Trust Company, other sister companies, and strategic service partners to bring the power of U.S. modern trust law and South Dakota-based fiduciary solutions, including state and federal tax planning and asset protection, to families and their advisors.

This expansion represents another significant milestone in our mission to provide conflict-free and innovative trust and fiduciary services across the country and around the world. Located at 1601 Market Street in the heart of Philadelphia’s financial district, Bridgeford’s new office allows us to further enhance our presence in the Northeast, offering more personalized service to clients and their advisors in Pennsylvania and beyond.

Following the successful expansion of Bridgeford Miami in 2020 and Bridgeford California in 2023, we have rapidly extended our presence, meeting with distinguished professionals and forming invaluable connections along the way. The launch of Bridgeford Philadelphia continues this momentum, positioning us to meet the growing demand for sophisticated trust solutions and personalized service in yet another key market.

Watch this video from David Warren, Co-Founder and Chairman of Bridgeford Trust Company and President and CEO of Bridgeford Advisors, for more information on this exciting new chapter for Bridgeford.

Bridgeford Philadelphia: Launch Event

We invite you to join us for Bridgeford Philadelphia’s Launch Event on November 13! This event features an engaging panel discussion with industry leaders from Bridgeford, Morgan Lewis, and McKonly & Asbury who bring deep expertise in trust law, tax strategies, and wealth management.

  • Date: Wednesday, November 13, 2024
  • Location: The Union League of Philadelphia (140 South Broad Street, Philadelphia, PA 19102)
  • Agenda: 4:30-5 PM: Guest Arrival & Networking; 5-6:30 PM: Panel Discussion: Well-Settled Trusts in Unsettled Times; 6:30–8 PM: Networking Reception

As we approach the uncertainty of the upcoming election and its potential impact on U.S. tax law, along with ongoing geopolitical unrest, our panel – featuring David Warren from Bridgeford Trust Company, Christina Mesires Fournaris and Daniel Cooper from Morgan Lewis, and Michael Bonventure from McKonly & Asbury – will explore how well-settled trusts provide stability and protection during these unsettled times. Key topics include innovative trust structures and strategies for optimizing tax planning, obtaining privacy in a transparent world, and asset protection – all achievable by simply selecting the proper trust jurisdiction.

To register for this complimentary event, click here.

For more information about Bridgeford’s exciting expansion into Philadelphia or our launch event, please contact us via our contact page or call (605) 224-9189.

upcoming-events-oct-nov-2024

upcoming-events-oct-nov-2024Bridgeford Trust Company is participating in several events over the coming weeks. From coast to coast, we’ll be connecting with industry leaders and professionals at the NAEPC Advanced Estate Planning Strategies Conference, the STEP Miami Summit, and the Hawaii Tax Institute.

These conferences provide a great platform for meaningful discussions on critical issues including estate planning, regulatory changes, global market trends, and broader financial strategies. We look forward to engaging with our friends and making new connections. Keep reading for more details and reach out if you’d like to meet with our team during these events!

NAEPC Advanced Estate Planning Strategies Conference – October 20-22 in Anaheim, CA

Bridgeford Trust Company is proud to sponsor NAEPC’s 61st Annual Conference this year! This event offers estate planning professionals a unique opportunity to cultivate new multi-disciplinary relationships and collaborate on innovative ideas and trends.

David Warren, Co-Founder & Chairman, and Doug Mikkonen, Senior Vice President & Senior Trust Officer, will be attending so if you’re planning to be there, be sure to stop by booth #50 to meet with our team.

STEP Miami Summit – October 24-25 in Miami, FL

Bridgeford Trust Company will once again sponsor STEP Miami’s Annual Summit! Bridgeford has been a longstanding supporter of this prestigious event, where attendees not only stay up-to-date on the latest trends in international private client planning but also have the chance to network at various events.

David Warren and Mariano Marco, Global Managing Director of Bridgeford Global, will be attending. Stop by Bridgeford’s exhibit table to say hello and learn how we’re continuing to expand our presence in the international space, particularly Latin America, through our sister company, Bridgeford Global.

Hawaii Tax Institute – November 3-7 in Waikiki, HI

Bridgeford Trust Company is proud to return as a sponsor for the Hawaii Tax Institute’s 61st Annual Conference, one of the nation’s premier tax and wealth transfer conferences. Sponsored by the Hawaii Tax Institute Foundation and Chaminade University of Honolulu, this event offers valuable insights from a distinguished faculty of experts.

David Warren and Chris Halverson, Managing Director of Bridgeford Advisors and Bridgeford Global, will be attending and look forward to meeting you at our exhibit table. We also invite you to join us at the can’t-miss Monday night reception at Coconut Grove, which Bridgeford is proud to sponsor. If you’re interested in attending, please contact us for a personal invitation.

David will also be presenting at two sessions during the week:

For more information about these events or to arrange a meeting with our team, feel free to reach out via our contact page or call us at (605) 224-9189.

bridgeford-podcast

podcast-ireland-offshore-assets

Episode 44 is available on Bridgeford Trust Company’s Delivering Direction and Control podcast series! Now, you can also watch new episodes on our YouTube channel, adding an exciting visual element that brings the conversation to life.

In this episode, David Warren – Co-Founder and Chairman of Bridgeford Trust Company – sits down with Jonathan Williams – Partner at Summit Trail Advisors. Jon’s team specializes in working with business owners, entrepreneurs, executives, and private foundations to create tailored financial strategies, acting as an outsourced family office. Their personalized approach, combined with a sophisticated investment process, brings portfolios to life through a unique interaction that is the foundation of their boutique investment process.

Their discussion explores the shift toward independent, conflict-free solutions in wealth management nationally, comparing models like Summit Trail and Bridgeford. As privately held firms, both are free from the constraints of institutionalized domestic and international conglomerates, fulfilling their fiduciary duty and creating the opportunity to offer clients a broader range of options, including alternative situses for trust planning, investment opportunities beyond public markets, and access to asset managers outside of captive structures.

As they conclude, Jon shares insights into the current economic climate, discussing the political and geopolitical pressures facing families and the heightened anxiety around wealth protection. He also offers his refreshingly positive perspective on volatility as an asset class, the spread between implied and actual market fears, and why – despite the uncertainty – existing systems provide reasons for optimism.

You can listen to our latest episode on Bridgeford’s podcast page, Apple Podcasts, iHeartRadioSpotify, and SoundCloud – or watch it on our YouTube channel for a more engaging experience.

Bridgeford Trust Company’s Delivering Direction and Control podcast was developed to educate, challenge, and inspire listeners. As we interview experts in the trust planning arena, we keep listeners updated on developments regarding modern trust law and provide practical discussion on the powerful trust planning opportunities available to advisors around the country and the world – all in an effort to deliver far more direction and control to clients and their advisors than ever before. Check out all of our episodes here: bridgefordtrust.com/podcasts.

If you have questions on any of the topics discussed in this latest episode, don’t hesitate to reach out to us via our contact form or call us at (605) 224-9189.

Directed Trusts

Directed Trusts have transformed the trust world, changing how we build and manage trusts for the families we serve. Codified in a select few states – including South Dakota – Directed Trusts unbundle the traditionally rigid structure of asset management and trust administration, offering settlors, beneficiaries, and their advisors more direction, control, and flexibility than ever before.

As we’ve discussed in previous articles, Directed Trusts separate trustee duties into three distinct roles, allowing different parties to manage investment, distribution, and administration functions. For more information, you can review the typical modern “directed” trust structure in this piece that outlines the directed trust concept.

Now, as Directed Trusts evolve across the country, some states – such as California and Pennsylvania – are adopting their own versions of the concept. However, it’s vital to ensure these Directed Trusts function as intended.

South Dakota’s model, with its clearly defined bifurcation of asset management and trust administration, sets the standard and has inspired similar legislation in states like Florida. But California’s Directed Trust framework lacks essential provisions, such as the formal recognition of an “excluded fiduciary,” and Pennsylvania’s proposed version has significant issues as well. It is crucial to understand that just because something is called a “Directed Trust” doesn’t mean it operates as effectively as it does under South Dakota law. The concept of an excluded fiduciary is critical, as it allows trustees – like Bridgeford Trust Company – to work with any asset manager without being held liable for their actions. This is the core of what Directed Trusts offer: the ability for families to retain direction and control, while the trustee is shielded from liability for investment and distribution decisions.

To learn more, watch this short video from David Warren, Co-Founder and Chairman of Bridgeford Trust Company.

While states like California and Pennsylvania are beginning to adopt Directed Trust structures, none match the clarity and effectiveness of South Dakota, a trust jurisdiction with renowned legislation and extensive experience in managing well-settled trusts.

To learn more about how Bridgeford Trust Company leverages South Dakota’s advanced Directed Trust statute to offer a powerful solution for families and their advisors, contact us via our contact page or by calling (605) 224-9189.

As we head into a busy fall season, Bridgeford Trust Company is proud to sponsor two highly anticipated events in the coming weeks: the STEP LatAm Conference and the Newport Beach Chamber’s 2025 Economic Forecast.

These forums offer excellent opportunities to connect with industry leaders, clients, and colleagues in key regions. Additionally, we’re excited to be hosting a table at the Newport Beach event and invite you to join us if you are in the area.

Read on for event details, and don’t hesitate to reach out if you’d like to schedule a time to connect!

STEP LatAm Conference 2024: September 26-27 in Buenos Aires, Argentina

Bridgeford Trust Company is once again proud to sponsor the STEP LatAm Conference, an annual event featuring innovative presentations and discussions on the planning, structuring, and management of wealth in Latin America. The conference brings together renowned lawyers, accountants, bankers, and trust, estate, and investment advisors from across the globe.

David Warren, Co-Founder & Chairman of Bridgeford Trust Company, and Mariano Marco, Global Managing Director of Bridgeford Global, will be attending this year’s conference. If you’re planning to attend, be sure to stop by Bridgeford’s exhibit table and contact us so we can connect during the course of the event!

Newport Beach Chamber’s 2025 Economic Forecast: October 3 in Newport Beach, California

Bridgeford Trust Company is also pleased to sponsor the Newport Beach Chamber’s Economic Forecast, a premier event focused on the 2025 economy. This event is designed to provide valuable insights for budgeting, finance, real estate, and investment planning.

David Warren will also be attending this event and is looking forward to hosting a table of distinguished professionals from the region as we continue to expand our presence in California through our sister company, Bridgeford Advisors.

We have a limited number of tickets available to join David at this exclusive event, so if you’ll be in the area and would like to attend, please contact us. The event will take place from 11:00 a.m. to 1:30 p.m. at the Balboa Bay Resort in Newport Beach, with lunch and valet parking included.

For more information or questions about these upcoming events, please reach out to us via our contact page or call us at (605) 224-9189.