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Beneficial Ownership Information

MAINSTREET BANK

What is Beneficial Ownership?

Beneficial ownership refers to the human component of ownership and control of an entity organized in the United States. The beneficial owner is an individual that owns 25% or more of a business, organization, or firm.

 

MainStreet Bank collects this information whenever a business opens a bank account.

THE GOVERNMENT ISSUED AN EXEMPTION TO BENEFICIAL OWNERSHIP REQUIREMENTS. WHY DOES MAINSTREET BANK STILL NEED THIS INFORMATION?

While your business no longer has to directly register with the government, it still needs to provide beneficial ownership information when opening a bank account.

 

The Department of Treasury’s Financial Crimes Enforcement Network, or FinCEN, exempts U.S. domestic businesses from reporting beneficial ownership information directly to the government, a change that went into effect in 2026.

 

However, all U.S. banks are still subject to FinCEN regulations that require collecting beneficial ownership information for business customers.

WHAT IS THE REQUIREMENT?

Any business that banks with MainStreet Bank must identify all beneficial owners that maintain 25% or more ownership of that business.

 

Beneficial owners can be silent owners, meaning they are not actively taking part in business matters day to day, or they can be active owners, who take on a hands-on role in company management.

 

Businesses must also identify a control person. A control person is anyone that exercises significant control over the business. This can be the same person identified as a beneficial owner, or they can be an executive or manager at the business.

WHAT IF NO SINGLE OWNER MAINTAINS 25% OR MORE OWNERSHIP STAKE?

If no one person maintains an ownership stake of 25% or more, the business must still identify a control person. This may be a company president, CEO, or CFO, for example.

WHAT IF MY BUSINESS IS OWNED BY ANOTHER BUSINESS OR PARENT COMPANY?

If a business has a parent company, then the business must report the ultimate beneficial owner of the parent company. The requirement to collect beneficial ownership extends all the way up through layers of corporate ownership, until a human person can be identified.

WHY IS THIS REQUIRED?

Just as individuals show ID to open a bank account, U.S. regulations require us to know who is behind corporate accounts. This protects legitimate companies from unknowingly being exposed to or doing business with illicit networks.

 

Criminal enterprises frequently create “shell” or “front” companies with virtually untraceable ownership to move illicit funds across the globe. By requiring owner identification, we can deter criminals and assist law enforcement in tracing funds involved in money laundering, terrorist financing, human trafficking, and other financial crimes.

WHAT DO BENEFICIAL OWNERS OR CONTROL PERSONS NEED TO PROVIDE?

Persons identified as beneficial owners or control persons must sign and attest to MainStreet Bank’s Certificate of Beneficial Ownership, provide a valid, unexpired, government-issued ID, and supply other identifying details.

HOW CAN I LEARN MORE?

FinCEN outlines the Customer Due Diligence (CDD) Final Rule on their website. They also publish an FAQ page that answers basic questions regarding the rules and why banks have to comply. You can explore more definitions and requirements on their website.

 

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