The following are furnished only as basic examples of the types of clauses that an attorney might consider inserting into an engagement letter. These should not be used as standard forms. The attorney must be careful to tailor the details of the letter to the facts of the particular case and should be familiar with the issues arising under the Corporate Transparency Act.
Additional Clauses for Engagement Letters
Corporate Transparency Act
1
This engagement does not include any obligation to provide advice or services in connection with the Corporate Transparency Act.
2
This engagement is strictly limited to assisting you in developing policies and procedures for you to comply with your reporting obligations under the Corporate Transparency Act and does not include any obligation to make filings on your behalf under the Corporate Transparency Act.
3
This firm will assist you with making filings under the Corporate Transparency Act only if you provide us with all required information for the original filing or any updates on a current and timely basis. We are not responsible for the accuracy of any information provided. We will not have any obligation to continue to advise you of the necessity of these filings. We will not be responsible for being aware of any changes in reported information that may require an updated report to be filed. Further, while we will attempt to keep any personal information confidential, we assume no liability for inadvertent disclosures or for any hacking or other illegal activities of third parties. We suggest that each current and future beneficial owner obtain their own unique FinCEN identifier directly from FinCEN so that the FinCEN identifier, rather than the individual’s personal information, could be furnished for the initial and updated filings. The firm will not represent any individuals who obtain FinCEN identifiers and will not be responsible for advising them of the need to update their personal information.
4
This firm will assist you if you wish to engage [name of corporate services corporation] (the “Provider”) to make filings under the Corporate Transparency Act on your behalf, but this firm assumes no responsibility with respect to the services of the Provider.