Here's the link to the quiz: www.peytonlaw.com/BOIquiz. It’s free, it’s easy, and it’ll help you move one step closer to knowing where you stand.
Alright, so let’s start with the basics. The question this week is: What is beneficial ownership?
This is a topic that every entrepreneur needs to understand.
So, if you’re a business owner or entrepreneur, you’re in the right place. And whether you’re a solo entrepreneur or run a growing business, understanding who the real owners are—and I mean the true owners, not just those listed on paper—is essential.
You may have heard any of these things: BOI, beneficial ownership, beneficial owner information, and FinCEN, Financial Crimes Enforcement Network. You may have heard about new penalties and regulations, all of these things refer to what I'm going to call beneficial ownership.
So, first of all Why does this matter? I get it. You’re busy running your business and the last thing you need is more paperwork. But here’s the deal—this registration is now required in the U.S., (and many other countries) because of efforts to fight money laundering, tax evasion, and financial crimes. Governments want to know who’s really behind a business to prevent shady individuals from hiding behind complex ownership structures. Maybe you’ve seen the TV show “American Greed” well, they’re trying to eliminate future episodes.
We know why know why it matters, but why does it matter to your business? First, understanding who the beneficial owners are—and making sure you disclose them properly—keeps you compliant with regulations. And this is no joke, we’re talking about over $500/day in penalties. Second, it protects you from potential legal and financial risks. Being compliant now means fewer headaches down the road, whether you’re raising capital, applying for loans, or going through an audit."
Now that we’re all on the same page, let’s finally answer this question. What is beneficial ownership?
Put simply, beneficial ownership refers to anyone who owns or controls at least 25% of a company. But it’s more than just the person who shows up on the paperwork as the owner. It’s about who really benefits from the business—hence the term, “beneficial owner.”
So, for example, if you’ve started an LLC and you own 100% of it, guess what—you’re likely the beneficial owner. Easy, right? But let’s say you have a partner, and the two of you split ownership 50-50. In that case, both of you would be considered beneficial owners.
But it doesn’t stop there. Even if someone doesn’t officially “own” part of the business on paper, if they have significant influence or control—like maybe they help run the business or make decisions—they might still be considered a beneficial owner.
In the simplest terms, beneficial ownership refers to the person who truly owns or controls a business, even if someone else is listed as the legal owner. It’s the individual who enjoys the benefits of ownership, like profits or decision-making
I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.
This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.
If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.
Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.